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NATIONAL 
LIBRARY 
OfSCOTLANS 


iiiii 


m 


I 


mm 
m 

m 


6CS,  SC  1J 


THE  HISTORY 

OF 

THE  CHURCH  OF  SCOTLAND. 


JOHN    SPOTTISWOOD, 

ARCHBISHOP  OF  ST  ANDREWS. 

IN  THREE  VOLUMES. 
VOLUME    II. 


EDINBURGH:  M.DCCC.L 


At  a  Meeting  of  the  Committee  of  THE  BANNATYNE 
CLUB,  held  on  Monday,  the  29th  of  March  1847. 

Resolved, 

That  Club  Paper  be  furnished  for  One  Hundred  and  Twelve  Copies  of 
the  Edition  of  ARCHBISHOP  SPOTTISWOOD'S  HISTORY  OF  THE 
CHURCH  OF  SCOTLAND,  in  three  volumes,  octavo,  to  be  Edited  by 
Bishop  Russell  for  the  Spottiswoode  Society. 

At  a  Meeting  of  the  Committee  of  THE  BANNATYNE 
CLUB,  held  on  Thursday,  the  31st  of  August  1848. 

A  letter  from  the  Secretary  of  the  Spottiswoode  Society  was  read,  ex- 
plaining that  arrangements  were  now  made  with  Messrs  Oliver  &  Boyd  for 
completing  the  republication  of  Archbishop  Spottiswood's  History,  under 
the  superintendence  of  Mark  Napier,  Esq.,  Advocate,  in  the  event  of  the 
Bannatyne  Club  continuing  their  Subscription,  upon  the  same  terms,  as  had 
been  agreed  upon,  when  the  Work  was  originally  undertaken. 

The  Committee  directed  the  Secretary  to  express  their  willingness  to 
Recede  to  the  proposed  arrangement,  as  their  chief  desire  was  to  have  the 
Work  completed  under  the  charge  of  an  ostensible  Editor,  whose  name  might 
be  a  sufficient  guarantee  for  the  fidelity  of  the  republication. 

Extracted  from  the  Minutes, 

David  Laiko,  Secretary. 


HISTORY 


CHURCH  OF  SCOTLAND. 

BEGINNING  THE  YEAR  OF  OUR  LORD  203,  AND  CONTINUED 
TO  THE  END  OF  THE  REIGN  OF  KING  JAMES  VI. 


RIGHT  [iE\.  .lUHN  SPOTTISWOODE. 

ARCHBISHOP  OF  ST  ANDREWS,  AND  LORD  CHANCELLOR 
OF  SCOTLAND. 


WITH 

BIOGRAPHICAL  SKETCH  AND  NOTES, 

BY  THE 

RIGHT  REV.  M.  RUSSELL,  LL.D.,  D.C.L. 

IN    THREE    VOLUMES. 

VOLUME  H. 


EDINBURGH: 

PRlN'TKn   hvm    INK  S/\)lTi6\VOOI)E  SOcrETV 
M.DCCCLI. 


THE  EDITOR'S  PREFACE 

TO  THE  SECOND  AND  THTED  VOLUMES. 


T  the  commencement  of  the  first  volume, 
the  Editing  Committee  of  the  Spottiswoode 
Society  have  recorded,  with  just  and  ap- 
propriate feeling,  the  unexpected  depriva- 
tion that  has  withdrawn,  from  this  important 
and  much  desired  edition  of  Spottiswoode's  History,  the  able 
hand  which  originally  conducted  it.  The  untimely  death  of 
Bishop  Russell  was  a  loss  to  letters,  to  this  work,  and  to  the 
Church  of  which  he  was  so  distinguished  an  ornament.  When 
the  melancholy  event  occurred,  two  volumes  of  the  History 
remained  to  be  passed  through  the  press,  and  the  right  reve- 
rend Editor  had  not  left  any  notes  for  their  illustration. 
Under  these  circumstances,  the  Spottiswoode  Committee  hon- 
oured me  with  the  request  to  assume  the  unfinished  task,  and 
to  edit  the  two  remaining  volumes.  With  no  slight  hesita- 
tion I  agreed  to  occupy  the  place  of  one  so  much  better 
qualified,  in  every  respect,  for  an  undertaking  of  tlais  nature. 
But  I  was  somewhat  relieved  to  find,  that  the  most  import- 
ant part  of  that  undertaking,  the  collation  of  the  various 
manuscripts  for  the  production  of  the  present  accurate  text, 
had  been  completed  by  the  Bishop,  and  that  an  old  copy  of 
the  History,  corrected  by  himself  for  the  press,  was  at  my 
disposal.  It  only  remained  for  me,  therefore,  carefully  to 
revise  the  proof-sheets,  and  to  follow  out  my  predecessor's 
judicious  plan,  of  placing  at  the  end  of  each  Book  such 
notes  as  might  seem  aptly  to  illustrate,  or  to  supply  defi- 


IV  THE  EDITOR  S  PREFACE. 

cieiicies  in  the  text  of  our  author.  In  these  historical  iUus- 
trations,  however  hmitcd,  I  have  endeavoured  to  combine 
popular  interest  with  some  antiquarian  research.  They  are 
chiefly  derived  from  original  sources,  not  very  accessible  to 
the  general  reader. 

Considering  that  the  Bishop,  as  already  mentioned,  had 
completed  the  arduous  and  important  task  of  collation,  it 
occurred  to  myself  to  suggest,  that  the  uniformity  of  the  title 
pages  ought  not  to  be  disturbed,  nor  the  credit  of  the  publi- 
cation diminished,  by  withholding  from  the  last  two  volumes 
an  editorial  name  and  authority  so  much  more  eminent 
and  attractive  than  my  own,  which  it  was  proposed  to  sub- 
stitute. 

In  the  Life  of  the  Archbishop  prefixed  to  the  first  volume, 
it  was  inadvertently  stated  (p.  xlv)  that  the  autograph  letter 
from  King  Charles  no  longer  exists.  The  original,  how- 
ever, is  still  preserved  in  the  archives  of  the  Spottiswoodc 
family.  It  may  also  be  mentioned,  that  the  Archbishop's 
will  (p.  cxxx  of  the  prefixed  Life),  now  first  published,  was 
copied  from  the  original,  in  his  own  handwriting,  which  is 
also  preserved  by  the  famih% 

Mark  Napier. 


6  AiNSLiE  Place, 
December  6th,  1850. 


HISTORY 


CHURCH  OF   SCOTLAND. 


THE  FOURTH  BOOK. 


THE  CONTENTS. 

THE  THINGS  THAT  FELL  OUT  AFTER  QUEEN  MARY  HER  COMING  FROM 
FRANCE  INTO  THIS  KINGDOM,  UNTO  HER  RESIGNATION  OF  THE 
CROWN  TO  KING  JAMES  HER  SON. 

'HE  queen  preparing  to  return  home  was 
taken  witli  the  fever  tertian,  and  forced  to 
stay  at  Janville  some  months.  In  the  end 
of  June  she  came  to  Paris,  where  Francis, 
earl  of  Bedford  (who  was  sent  from  England 
to  condole  King  Francis  his  death),  did  in  the  name  of  his 
mistress  salute  her,  and  after  some  gratulatory  speeches  for 
her  recovery,  propone  the  ratification  of  the  contract  made 
at  Leith,  entreating  the  performance  of  it.'  The  queen 
thanking  her  sister  for  her  kindness,  answered,  "  That  she 
was  not  as  yet  in  perfect  health,  but  hoped  shortly  to  be 
well."    Touching  the  ratification,  she  said,  "  That  she  remem- 

'  [Tytler,  quoting  "  State-Paper  Office,  French  Correspondence,  r2th  Feb- 
ruary 1560-1,"  says  :  "  Bedford  arrived  at  Paris  on  the  3d  of  February,  and  on 
the  15th  of  that  month  proceeded  to  the  court  at  Fontainbleau,  where  he  de- 
livered his  message  to  the  Scottish  queen."— Vol.  vi.  p.  211,  Edit.  1842.— E.] 
VOL.  II,  1 


2  THE  HISTORY  or  THE  [a.  d.  1561. 

bered  the  business,  but  could  give  no  resolute  answer,  till 
she  had  the  advice  of  the  nobles  and  estates  of  her  own  realm. 
For  though  the  matter  concerned  her  principally,  yet  the 
same  did  touch  them  also  :  and  they  having  showed  them- 
selves displeased  in  former  times,  because  she  did  not  take 
their  advice  in  affairs,  would  now  be  much  more  offended,  if 
she  should  proceed  in  that  matter  not  having  first  acquainted 
them  therewith.  But,  as  she  trusted,  the  same  should  not 
be  long  a-doing,  seeing  she  intended  to  make  her  voyage 
shortly  home."  The  ambassador  replying,  that  there  was 
no  cause  to  doubt  of  their  consents  in  that  particular,  the  Ac- 
cord being  made  by  themselves, — "  It  was  made,"  said  the 
queen,  "  by  some  of  them,  not  by  all ;  and  when  I  come 
amongst  them,  it  will  appear  what  mind  they  are  of.  But  I 
will  send,"  saith  she,  "  Monsieur  d'Oysell  to  my  sister,  who 
shall  give  her,  I  trust,  good  satisfaction ;  and  by  him  I  will 
signify  that  I  am  to  go  into  Scotland,  and  will  require  those 
favours  of  her  that  princes  do  one  to  another  in  the  like 
cases." 

Soon  after  this  she  sent  Monsieur  d'Oysell  into  England, 
with  a  direction  that,  after  he  had  done  this  message  unto 
the  queen,  he  should  gx>  into  Scotland,  and  take  order  that 
the  garrisons  kept  in  the  castle  of  Dunbar  and  the  isle  of 
Inchkeith  should  keep  those  forts  until  she  were  safely  ar- 
rived. But  the  queen  of  England,  taking  ill  the  delay  of  the 
ratification,  answered  him  in  the  hearing  of  all  her  attendants, 
"  That  except  the  queen  of  Scots  did  confirm  the  conditions 
agreed  upon  at  Leith,  wherein  she  found  herself  still  frus- 
trated, there  could  be  no  perfect  amity  amongst  them  ;  and 
if  she  would  do  that,  the  kindness  which  became  a  queen,  her 
cousin  and  neighbour,  should  not  be  wanting  on  her  part." 
This  she  desired  him  to  report,  and  leave  his  journey  unto 
Scotland,  for  that  she  would  not  permit  the  same  through 
her  country. 

The  queen  of  Scots,  highly  offended  with  this  answer,  did 
call  Nicholas  Throgmorton,the  ambassador  legier  of  England, 
and  kept  a  long  conference  with  him  about  these  matters, 
which  out  of  the  ambassador's  own  letters  sent  to  the  queen, 
his  mistress,  I  shall  relate.  Commanding  her  attendants  to 
go  aside,  she  broke  forth  in  these  speeches :  "How  great 
soever  my  weakness  be,  I  like  not  to  have  so  many  witnesses 


A.   D.  1561.]  CHURCH  OF  SCOTLAND.  3 

of  it  as  your  queen  of  late  had,  when  she  talked  with  Mon- 
sieur d'Oysell.  And  now  I  must  tell  you,  that  nothing 
grieves  me  more  than  that  I  should  have  desired  a  thing  of 
her  that  I  stood  in  no  great  need  of:  having  God's  favour, 
I  can  return  to  my  country  without  her  leave,  as  I  came 
hither  against  the  will  of  King  Edward  her  brother.  Neither 
do  I  lack  friends  that  both  will  and  may  convey  me  safely 
thither ;  yet  I  desire  rather  to  try  her  friendship  than  any 
others.  Oftentimes  you  have  said,  that  it  were  good  both 
for  ourselves  and  for  our  kingdoms  that  we  should  live  friends, 
and  keep  kindness  one  to  another  ;  but  it  seemeth  not  that 
she  is  so  minded,  otherwise  she  would  never  have  returned 
me  such  an  answer.  It  is  like  she  favoureth  my  rebelhous 
subjects  more  than  me  ;  yet  she  should  with  reason  think 
that  my  subjects  who  have  rebelled  against  me  will  never  be 
so  trusty  and  loving  to  her  as  I  myself.  My  friends  do 
marvel  what  her  purpose  could  be  in  assisting  my  subjects 
against  me ;  and  now  to  hinder  my  return  unto  my  own 
country,  being  a  widow,  I  know  not  what  it  should  mean. 
I  work  her  no  trouble,  I  have  no  meddhng  with  the  affairs 
of  England;  and  yet  I  know  there  be  numbers  in  that 
country  who  are  not  well  contented  with  the  present  times. 
I  require  nothing  of  her  but  amity  and  friendship,  and  this  I 
cannot  have.  She  objects  to  me,  that  I  have  small  experi- 
ence of  the  world.  It  is  true  that  years  bring  experience  ; 
yet  I  am  of  that  age  that  I  know  how  to  carry  myself  to- 
wards my  friends  and  well-willers.  I  will  not  use  many 
speeches  unwortliy  of  her,  but  let  me  with  her  good  leave 
say,  that  I  am  a  queen  as  she  is ;  that  I  have  as  good  friends 
and  as  good  a  stomach  as  herself.  But  comparisons  they 
say  are  odious,  therefore  I  will  contain  myself. 

"  For  that  treaty  at  Leith  wherewith  she  so  troubleth  her- 
self, it  was  made  whilst  the  king  my  husband  was  ahve,  to 
whom,  according  to  my  duty,  I  was  in  all  things  obsequent. 
That  he  delayed  to  ratify  the  Accord,  it  was  his  fault,  not 
mine.  After  his  decease  the  council  of  France  left  me  to  my 
own  counsellors,  neither  would  my  uncles  meddle  in  Scottish 
affairs,  lest  they  should  offend.  The  Scots  that  are  here  with 
me  are  not  counsellors,  neither  can  I  deliberate  with  them  in 
so  weighty  matters :  as  soon  as  I  have  consulted  with  the 
Estates  of  my  kingdom,  I  shall  give  her  a  reasonable  answer, 


4  'JlIE    IllSTOUY   OF  THE  [a.  U.   1561. 

and  that  she  may  have  it  the  sooner,  I  shall  haste  my  journey 
homewards.  But  she  perhaps  will  belay  my  way,  and  so 
impede  her  own  satisfaction ;  and  it  may  be  she  desireth  no 
satisfaction  of  her  demands,  that  there  may  be  always  some 
occasion  of  jarring  and  discord  amongst  us.  She  casteth  often 
iu  my  teeth  that  I  am  young  and  unadvised;  and  so  she  might 
justly  think  me,  if  I  should  treat  of  matters  of  such  import- 
ance without  the  advice  of  my  Estates.  The  wife  is  not  bound, 
as  I  have  heard,  to  answer  for  her  husband's  doings,  either 
in  honour  or  conscience ;  but  as  now  I  will  not  reason  that 
point.  This  I  may  truly  say,  that  I  never  did  any  thing  to 
my  sister  which  I  would  not  have  done  to  myself.  I  have 
always  performed  the  duty  of  a  kinswoman  unto  her ;  but 
she  doth  either  not  believe  it,  or  then  despiseth  my  friend- 
ship. Would  to  God  I  were  as  dear  to  her  as  I  am  near  of 
blood,  for  this  were  a  precious  sort  of  kindred ;  but  God  for- 
give them,  if  there  be  any,  that  stirreth  up  these  contentions 
amongst  us.  You  are  her  ambassador,  let  me  know  what  it 
is  offendeth  her,  or  in  what  word  or  action  I  have  wronged 
her." 

Hereunto  Throgmorton  answered.  "  Madame,  I  have  no 
commission  to  your  majesty  but  for  the  ratification  of  the 
treaty  of  Leith  ;  yet  if  you  will  have  me  to  show  what  I 
think  be  the  cause  of  my  mistress's  offence,  I  will  tell  it  in 
few  words,  but  not  as  an  ambassador.  How  soon  the  queen 
my  mistress  was  crowned,  you  usurped  the  title  and  arms  of 
England,  which  during  quecu  Mary's  reign  you  never  at- 
tempted ;  and  a  greater  injury  could  not  be  offered  to  a 
prince  than  that  was."  "  But,"  saith  she,  "  my  father-in-law 
and  husband,  Avho  lived  both  at  that  time,  commanded  me  so 
to  do :  after  they  were  deceased,  and  since  T  have  been  at 
mine  own  liberty,  I  have  neithor  used  her  arms  nor  titles. 
And  yet  I  sec  not  what  wrong  it  can  be  to  me,  who  am 
a  queen,  and  had  to  my  grandmother  the  eldest  sister  of  King 
Henry  the  Eighth,  to  use  the  arms  of  England,  seeing  others 
more  remote  in  blood  have  done  the  hke.  The  marquis  of 
Exeter,  and  duchess  of  Suffolk  niece  unto  Henry  the  Eighth 
by  his  youngest  sister,  did  bear  the  arms  of  England,  with 
borders  for  a  difference  ;  and  sliould  it  be  imputed  as  an  in- 
jury to  me  so  to  do  ?  But  well  I  see,"  so  she  concluded, 
"  that  nothing  I  do  is  taken  in  good  part." 


A.  D.  1561.]  CHURCH  OF  SCOTLAND.  5 

The  queen  of  England  in  the  mean  time  faUing  in  some 
jealousy  of  the  lords  of  Scotland,  because  of  that  which  the 
queen  had  said,  "  That  the  treaty  of  Leith  was  not  made  by 
all  their  consents,  and  that  when  she  should  be  amongst  them 
it  would  appear  whether  they  continued  in  the  same  mind," 
sent  a  letter  full  of  sharpness  to  the  nobihty  and  council ; 
wherein,  after  an  ample  declaration  of  the  friendship  done  to 
them  in  the  late  aid  they  received  against  the  French,  she 
complained  of  the  delays  made  in  the  ratification  of  the  Ac- 
cord past  at  Leith,  which,  as  it  seemed  by  their  queen's 
words,  was  in  their  default,  seeing  she  had  said,  "  That 
before  she  gave  a  resolute  answer  in  that  matter,  it  behoved 
her  to  know  their  minds  ;"  whereof  she  could  not  be  igno- 
rant, so  many  of  themselves  being  with  her  of  late,  and 
messengers  going  daily  betwixt  them  :  therefore  she  desired 
to  know  if  they  did  mind  to  keep  the  peace  contracted ;  and 
if  they  continue  in  that  mind,  that  they  should  procure  the 
queen  to  ratify  it,  at  least  to  advertise  her  what  she  might 
look  for  at  their  own  hands. 

This  letter  was  speedily  answered  by  the  council,  with 
great  attestations  that  it  never  came  in  their  minds  to  break 
the  peace  contracted,  for  in  so  doing  they  should  make  them- 
selves infamous  in  the  world,  and  sin  highly  against  their 
consciences.  Of  the  delay  which  their  queen  made  and  the 
reasons  thereof,  they  professed  to  be  ignorant.  Therefore 
entreated  her  majesty  to  be  persuaded  of  them,  that  next  to 
the  glory  of  God  they  would  study  to  keep  the  peace  in- 
violate, and  that  there  should  be  no  blame  in  them  if  the 
ratification  was  not  made  to  her  contentment. 

Whilst  these  things  passed  at  home,  the  queen  of  Scots 
set  forward  to  Calais,  attended  by  the  cardinals  of  Lorraine 
and  Guise,  the  dukes  of  Guise  and  d'Aumall,  the  Grand  Prior 
and  the  Marquis  d'Elbeuf  her  uncles,  the  duke  of  Nemours, 
Monsieur  d'Anvile  the  constable's  son,  and  divers  others  her 
friends  and  kinsmen.  At  Abbeville,  which  is  in  the  way  to 
Calais,  she  sent  for  the  English  ambassador,  and  asked  him 
by  what  means  she  might  satisfy  Queen  Elizabeth.  He 
answered,  "  by  ratifying  the  treaty  of  Leith."  To  whom  she 
replied,  "  I  have  very  just  reasons  to  refuse  it,  which  ought 
not  to  be  interpreted  as  delays.  For,  first,  that  treaty  should 
have  been  confirmed  by  my  husband  and  me,  and  cannot 


6  THE  HISTOUY  OF  THE  [a.  D.   15G1. 

now  be  ratified  unless  it  be  concluded  in  my  own  name  alone, 
seeing  the  king,  then  my  husband,  is  expressly  named  in  the 
Accord.  Next,  the  most  of  the  articles  arc  performed,  for 
all  preparations  of  war  arc  ceased  and  the  French  called 
back  from  Scotland.  But  the  queen  oifendcth,"  said  she, 
"  that  I  use  the  title  and  arms  of  England.  This  I  have 
not  done  since  my  husband's  death.  And  if  it  be  alleged 
that  the  same  is  used  in  the  letters  patents  given  me  tlirough 
France,  it  is  known  I  cannot  hinder  that,  for  they  who  pass 
those  letters  are  not  my  subjects.  And  for  the  articles  con- 
cerning religion,  I  trust  my  own  subjects  shall  have  no  cause 
to  complain  of  my  severity.  Thus,  what  I  may  do  I  will,  to 
give  my  sister  satisfaction.  And  I  pray  you,  Monsieur 
I'Embassadeur,  do  the  part  of  an  ambassador,  and  rather 
pacify  the  queen  than  exasperate  her  in  any  sort."  So 
earnest  she  was  to  have  all  matters  of  quarrel  laid  aside,  fear- 
ing that  the  queen  of  England  should  seek  to  intercept  her  by 
the  way :  and,  indeed,  a  navy  was  put  to  sea  under  colour 
of  suppressing  pirates,  but  the  taking  of  one  of  the  ships, 
wherein  were  the  earl  of  Eglinton  and  other  passengers, 
made  it  suspected  that  a  worse  thing  was  meant.  Always 
it  fell  out  so,  that  the  queen  of  Scots  having  a  prosperous 
wind,  passed  by  the  English  ships  (the  weather  being  foggy) 
unperceived,  and  on  the  sixth  day  after  her  embarking,  which 
was  the  twentieth  of  August  1561,  did  safely  arrive  at 
Leith. 

The  fame  of  the  queen's  coming  noised  abroad  ;  the  no- 
bility from  all  the  parts  of  the  realm  assembled  to  congratulate 
her  return,  and  besides  them  numbers  of  all  sorts  of  people 
convened  as  unto  a  joyful  spectacle ;  for  they  had  not  soon 
the  face  of  their  sovereign  for  many  years,  and  after  her 
marriage  with  the  French  king,  had  scarce  any  hope  of  a 
king  to  reside  amongst  them,  which  would  most  certainly 
have  happened  if  any  succession  had  followed  of  that 
marriage.  For  Scotland  in  that  case  would  have  been  but 
an  accession  to  France,  the  mightier  kingdom ;  as  Henry  the 
Seventh  foretold  of  England  (and  wo  have  seen  it  verified  in  our 
days),  drawing  unto  it  the  weaker  and  lesser  crown.  That  the 
queen  therefore  was  now  returned,  and  they  delivered  of  the 
fears  of  redacting  the  kingdom  into  a  province,  they  did  justly 
esteem  it  one  of  the  greatest  benefits  that  could  happen  unto 


A,  D.   1561.]  CHURCH  OF  SCOTLAND,  7 

them.  Then,  when  they  called  to  mind  the  variableness  of 
fortune,  how  she,  left  a  pupil  of  six  days  old  only,  by  the 
death  of  her  father,  was  exposed  as  a  prey  to  those  that  were 
most  mighty,  and  partly  by  civil  seditions  at  home,  partly 
by  the  invasions  of  extei'nal  enemies  from  abroad,  even  before 
she  could  have  any  sense  of  trouble,  was  forced  to  forsake 
her  country,  and  relegated,  as  it  were,  into  exile,  having 
hardly  escaped  the  hands  of  enemies  that  lay  in  wait  to  in- 
tercept her,  and  the  violence  of  tempestuous  and  raging 
seas ;  and  again,  when  fortune  began  to  smile  a  little  upon 
her,  and  she  was  honoured  with  a  royal  marriage,  how  these 
joys  on  the  sudden  came  to  be  changed  into  extreme  sorrows, 
being  first  deprived  of  her  mother,  then  of  her  husband,  a 
new  kingdom  lost,  and  her  ancient  crown  which  belonged  to 
her  by  inheritance  standing  in  a  state  very  uncertain  :  whilst, 
I  say,  they  called  to  mind  these  variable  fortunes,  and  there- 
with considered  the  excellencies  that  nature  had  bestowed 
upon  her,  as  the  beauty  and  comeliness  of  her  person,  her 
mild  inclination  and  gracious  demeanour  toward  all  sorts  of 
people,  it  cannot  be  told  what  a  joy  and  love  this  begat  in 
the  hearts  of  all  the  subjects. 

The  beginning  of  her  government  was  hkewise  very  gra- 
cious ;  for  some  few  days  after  her  arriving,  in  a  council  kept 
with  the  nobility  to  remove  the  occasions  of  trouble,  she  con- 
descended that  no  change  nor  alteration  should  be  made  in 
the  present  state  of  rehgion  ;  only  she  would  use  her  own 
service,  as  she  said,  apart  with  her  family,  and  have  a  mass 
in  private.  This  was  thought  by  many  a  thing  not  intoler- 
able, considering  she  was  the  sovereign  princess  of  the  realm, 
and  educated  from  her  youth  in  the  Roman  faith,  from  which 
there  was  hope,  by  better  instruction  and  humble  and  courte- 
ous behaviour,  she  might  be  reclaimed  :  yet  the  preachers  in 
their  sermons  did  publicly  condemn  that  toleration  as  unlaw- 
ful. And  amongst  the  nobility,  the  earl  of  Arran  did  oppose 
it,  taking  protestation  that  he  did  neither  agree  to  private 
nor  public  mass  ;  which  highly  displeased  the  queen,  and 
was  thought  to  have  alienated  her  affection,  that  before 
seemed  much  inclining  towards  him. 

There  fell  out  upon  this  an  accident  which  was  like  to 
have  caused  great  trouble.  The  queen  purposing  to  hear 
mass  the  next  day  in  her  chapel  of  Halvrudhouse,  whilst 


8  THE  HISTORY  OF  THE  [a.  D.  1561. 

the  tapers  and  other  things  required  to  that  service  vrere 
carried  through  the  court,  one  of  the  common  sort  invading 
him  that  bore  the  wax-hghts,  brake  them  all  in  pieces,  and  if 
by  the  intervention  of  some  more  moderate  spirits  the  tumult 
had  not  been  repressed,  the  rest  of  the  furniture  had  been 
■wholly  spoiled,  and  that  day  mass  disappointed.  It  was 
held  a  proud  and  insolent  fact,  and  condemned  by  many  ; 
others  said  that  the  patience  of  men  was  too  far  tempted, 
and  some  maintained  that  if  right  were  done,  the  priest,  ac- 
cording to  God's  law  made  against  idolaters,  ought  to  suffer 
death.  But  this  stir  was  quickly  appeased  by  Lord  James, 
much  against  the  earl  of  Huntly  his  mind,  who  by  this  oc- 
casion thought  to  win  credit  with  the  queen,  and,  in  confer- 
ence with  her  uncles,  bragged  that  if  the  queen  pleased  to 
use  his  service,  he  would  reduce  all  the  north  countries  to 
the  Roman  profession.  But  his  courses  being  suspected,  and 
the  queen  misliking  all  counsels  that  tended  unto  trouble,  no 
heed  was  given  to  his  offers. 

The  month  following  was  spent  in  the  entertainment  of 
the  French  that  had  accompanied  the  queen  homewards. 
They  made  but  short  stay  in  the  country  ;  for  about  the 
midst  of  September,  Duke  d'Aumall  returned  unto  France 
by  sea ;  the  Grand  Prior  and  Monsieur  d'Anvile  took  their 
journey  through  England ;  the  Marquis  d'Elbeuf  of  all 
that  company  only  remained,  and  abode  all  the  winter  with 
the  queen. 

In  this  mean  time  was  William  Maitland  of  Lethington 
directed  to  the  queen  of  England  with  letters  both  from  the 
queen  and  from  the  nobility.  The  queen's  letters  were  full 
of  kindness,  tending  all  to  express  the  love  and  affection  she 
bare  unto  her  as  to  her  dearest  sister  and  kinswoman,  and  the 
desire  she  had  to  continue  in  true  and  sincere  friendship  with 
her.  The  letters  sent  by  the  nobility  were  to  the  same 
effect,  but  containing  tliis  more,  that  the  surest  way  to 
preserve  friendship  and  true  amity  amongst  them  two  was, 
to  declare  the  queen  of  Scots  her  nearest  and  lawful  heir  to 
the  crown  of  England,  in  case  she  should  have  no  issue. 
Lethington  urging  this  last  point  strongly,  as  he  was  com- 
manded, after  he  had  used  his  best  persuasions  to  that  effect, 
was  answered  by  the  queen  of  England  as  followeth.  "  I 
did  expect  another  message  from  your  queen  than  this  is 


A.  D.  1561.]  CHURCH  OF  SCOTLAND.  9 

which  you  have  brought  me,  and  do  marvel  that  she  should 
forget  the  promise  made  before  her  coming  out  of  France, 
touching  the  ratification  of  the  treaty  of  Leith  ;  which  was, 
that  how  soon  she  returned  to  her  own  country,  she  should 
give  me  a  full  and  resolute  answer.  I  have  long  enough," 
said  she,  "  suffered  myself  to  be  abused  with  fair  speeches,  and 
now  it  had  been  time,  if  she  had  regarded  her  own  honour, 
to  have  made  good  her  promises."  Lethington  repHed,  that 
within  a  few  days  after  the  queen  took  land  he  was  employed 
in  this  legation,  and  that  she  had  no  leisure  to  deal  in  any 
public  matters,  being  taken  up  with  admitting  the  noblemen 
that  came  to  welcome  her  into  the  realm,  and  with  the  settling 
of  the  estate  of  religion,  which  her  majesty  understood  to  be 
a  work  of  no  small  weight ;  neither  were  all  the  noblemen, 
whose  advice  she  must  take  in  matters  of  that  importance, 
come  into  the  court  before  his  parting  from  it.  Here  the 
queen  interrupting  his  speech,  said,  "  What  need  is  there  of 
advice  or  counsel  to  do  that  which  by  her  subscription  and 
seal  she  is  bound  to  perform?"  He  answered,  that  no 
commission  was  given  him  in  that  matter,  nor  did  his  mistress 
think  that  any  account  thereof  would  have  been  required  of 
him,  but  that  she  might  justly  excuse  herself  by  the  oc- 
casions he  had  mentioned.  Then  after  a  few  more  speeches  of 
that  purpose,  the  queen  returning  to  the  chief  point  of  his 
legation,  said,  "  I  have  observed  that  you  have  often  in 
your  discourse  said,  that  your  queen  is  descended  of  the 
blood-royal  of  England,  and  that  I  am  obhged  to  love  her, 
as  being  nearest  to  me  in  blood  of  any  other ;  which  I 
neither  will  nor  can  deny.  Neither  have  I  in  any  of  my 
actions  (as  the  world  knoweth)  attempted  ought  against  the 
safety  and  tranquillity  of  her  and  her  kingdom  ;  yea  they  that 
be  most  inward  with  me  can  witness,  that  even  when  I  had  just 
cause  of  offence  given  me,  by  her  usurpation  of  the  titles  and 
arms  of  England,  I  could  never  be  induced  to  think  other 
than  that  this  was  the  politic  device  of  some  enemies,  to  breed 
dissension  amongst  us.  But  hoAvsbever  that  be,  I  hope  so 
long  as  I  live  she  shall  not  bereave  me  of  my  kingdom,  nor 
yet  be  able,  if  God  shall  bless  me  with  children,  to  impede 
their  succession.  And  if  it  shall  happen  otherwise  that  I  be 
taken  away,  she  shall  never  find  that  I  have  prejudged  the 
right  which  she  claimeth  to  the  kingdom  of  England.    What 


10  THE  HISTORY  OF  THE  [a.  D.  1561. 

a  right  it  is,  I  have  never  been  curious  to  know,  nor  do  I 
purpose  to  search  and  examine  it,  but  will  leave  the  same  to 
the  cognition  of  tliosc  whom  it  eonccrneth.  This  your  queen 
may  assuredly  expect  at  my  hands,  that  I  shall  never  wrong 
her,  nor  her  cause,  if  it  be  just  in  the  least  point.  And  God  I 
take  to  witness,  who  heareth  this  our  conference,  that,  next 
myself,  I  know  not  any  whom  I  would  prefer  to  her,  or  who 
(if  the  title  should  fall  to  be  controverted)  might  exclude 
her.  You  know,"  saith  she,  "  who  the  competitors  be  :  but,, 
alas  !  what  power  or  force  have  those  weak  creatures  to 
attempt  so  great  an  enterprise  ?  Always  the  matter  itself 
is  weighty  and  of  great  importance,  which  I*  will  take  time 
to  think  upon." 

After  some  few  days,  calling  Lethington  unto  her,  she 
said,  "  That  it  seemed  strange  to  her,  how  the  nobility  at  the 
queen's  first  coming  should  put  up  such  a  request  to  her, 
seeing  they  knew  there  was  no  reparation  made  of  former 
wrongs;  and  to  desire,"  saith  she,  "  that  I  should  gratify  their 
queen,  having  received  so  great  an  injury,  without  any 
amends  made,  is  it  not  in  effect  as  much  as  to  boast  and 
threaten  me?  If  they  will  take  such  a  course,  I  would 
have  them  think  that  I  am  strong  enough  for  them  at  home, 
and  lack  not  friends  abroad  that  will  defend  and  maintain 
my  right."  Hereunto  he  replied,  that  in  his  first  speech  he 
had  clearly  discovered  the  intention  of  the  noblemen,  how, 
partly  out  of  that  duty  which  they  owed  to  their  sovereign 
and  the  defence  of  her  honour,  pai-tly  out  of  a  desire  to 
confirm  and  assure  the  peace  begun  betwixt  the  two  realms, 
they  had  made  this  motion  ;  and  that  the  reason  why  they 
dealt  so  plainly  with  her,  was  not  only  the  experience  they 
had  of  her  favour  in  times  past,  but  also  the  respect  of 
their  own  safety.  For  if  any  should  oppose  the  queen's 
right,  and  thereupon  wars  should  arise  betwixt  the  two 
kingdoms,  they  must  needs  be  driven  to  hazard  their  lives 
and  fortunes.  Wherefore  they  thought  that  their  motion 
was  not  to  be  ill  talccn,  seeing  it  tended  to  the  cutting  away  of 
all  occasions  of  discord,  and  to  the  establishing  of  a  solid  peace. 

"  True,"  saith  she,  "  if  I  had  attempted  any  thing  to  the 
hurt  of  your  queen's  right,  they  might  with  reason  have 
required  me  to  amend  it.  But  when  1  am  yet  in  health  and 
life,  to  desire  me- to  prepare  mine  own  winding-sheet,  is  a 


A.I),  1561.]  CHURCH  OF  SCOTLAND.  11 

thing  without  example,  nor  hath  the  like  ever  been  required 
at  the  hand  of  any  prince ;  yet  I  take  in  good  part  the 
meaning  of  your  lords,  and  am  glad  of  the  good  affection 
they  bear  to  their  queen,  and  the  care  they  have  to  advance 
her  honour.  I  think  it  likewise  wisdom  in  them  to  foresee 
the  dangers  they  may  run  into,  and  like  well  that  they  do  ab- 
hor the  shedding  of  Christian  blood,  which  I  confess  could  not 
be  avoided  if  any  faction  should  arise  and  lay  claim  to  the 
crown.  But  where  or  what  is  that  faction  ?  or  Avliat  force  can 
they  have  ?  Always,  leaving  these  things,  suppose  I  had 
an  inclination  to  satisfy  their  desire,  think  you  that  I  would 
rather  gratify  your  lords  herein  than  the  queen  herself? 
No,  I  will  tell  you,  I  have  many  other  reasons  that  stay  me 
from  taking  such  a  resolution.  First,  I  know  what  a 
dangerous  thing  it  is  to  touch  this  string,  and  I  have  ever 
upou  great  respects  abstained  from  bringing  in  question  the 
right  of  the  crown ;  for  so  often  hath  the  controversy  of 
marriage,  lawful  and  unlawful,  of  legitimate  and  base-born 
children,  been  agitated  according  as  men's  affections  and 
humours  led  them,  that  even  in  regard  of  those  disceptations 
I  have  hitherto  forborne  to  match  with  any  husband.  Once 
at  my  coronation  I  was  married  to  this  kingdom,  whereof 
always  I  carry  this  ring  for  a  pledge  (pointing  to  a  ring 
she  wore  on  her  finger) ;  and  howsoever  things  go,  I  shall  be 
queen  of  England  so  long  as  I  live  ;  when  I  am  dead,  let 
them  succeed  who  have  the  best  right.  If  your  queen  hath 
it,  I  shall  not  wrong  her  in  the  least  point ;  and  if  it  belong 
to  another,  it  were  not  reasonable  to  desire  me  to  do  them 
an  open  and  manifest  wrong.  If  there  be  any  law  which 
may  bar  her  title,  it  is  unknown  to  me,  for  I  do  not  willingly 
think  of  these  matters ;  but  if  there  be  any  such,  when  I 
received  the  crown,  I  sware  to  my  people  that  I  should  not 
change  their  laws. 

"  Now,  where  you  said  that  by  declaring  your  queen  my 
successor  our  affection  should  become  more  firm,  I  rather 
fear  that  it  should  be  the  seed  of  a  most  bitter  hatred.  For 
think  you  that  I  will  behold  wilUngly  the  preparation  of 
mine  own  funerals  ?  It  is  natural  to  princes  to  be  jealous 
even  of  the  children  that  by  birthright  are  to  succeed  them. 
How  did  Charles  the  Seventh  of  France  carry  himself 
towards  Lewis  the  Eleventh,  and  he  again  towards  Charles 


12  THE  HISTORY  OF  THE  [a.  D.  15G1. 

the  Eighth,  or  King  Francis  of  late  towards  Henry  who  suc- 
ceeded him  ?  And  is  it  prohablc  that  I  should  be  otlierwise 
disposed  towards  my  cousin,  if  once  she  shall  be  declared 
heir  unto  my  crown  ?  No,  be  sure  I  shall  have  the  very 
same  mind  Avhich  Charles  the  Seventh  showed  to  Lewis  the 
Eleventh. 

"  There  is  another  thing  which  I  esteem  of  an  exceeding 
great  weight.  I  know  the  unconstancy  of  the  people,  how 
they  loathe  always  the  present  government,  and  have  their 
eyes  continually  set  upon  the  next  successor  ;  and  naturally 
they  are  more  that  look,  as  it  is  said,  to  the  sun  rising  than 
to  the  setting  of  the  sun.  To  omit  other  examples,  this  1 
know  by  mine  own  experience.  When  my  sister  queen 
Mary  reigned,  how  earnestly  did  a  number  wish  to  see  me 
placed  on  her  throne !  What  a  desire  had  they  of  my  ad- 
vancement !  If  I  had  but  given  my  countenance  to  their 
practices,  they  would  have  refused  no  peril  in  bringing  the 
same  to  effect.  Now  it  may  be,  the  same  persons  arc  not  of 
the  same  mind  towards  me.  As  children  that  dream  that 
apples  are  given  them  arc  greatly  joyed,  but  in  the  morning 
when  they  are  awaked,  and  find  themselves  deceived,  they  fall 
a-weeping  ;  so  they  who  loved  me  exceedingly  when  I  was 
but  called  Elizabeth,  and  if  I  perhaps  gave  them  any  good 
countenance,  thought  with  themselves,  that  how  soon  I  was 
made  queen,  they  should  be  rewarded  rather  according  to 
their  own  conceit  than  any  service  done  unto  me,  now  when 
they  find  that  the  issue  answercth  not  their  expectation, 
some  of  them,  it  may  be,  in  hope  of  a  better  fortune,  would 
not  dislike  a  change  of  the  government.  For  the  greatest 
wealth  that  ever  any  prince  had,  or  can  have,  is  not  able  to 
satisfy  the  unsatiablc  covctousncss  of  men.  And  if  this  be 
our  case,  that  the  affection  of  our  people  is  so  easily  changed, 
as  when  we  keep  a  greater  moderation  in  our  largesses  than 
they  think  we  ought,  or  perhaps  for  some  other  light  cause, 
they  grow  discontented,  what  may  we  think  shall  come  to 
pass  when  seditious  people  have  a  certain  successor  designed, 
to  whom  they  may  open  their  griefs,  and  betake  themselves, 
if  they  be  in  any  sort  displeased  ?  In  wliat  a  peril  think  you 
I  should  live,  having  so  mighty  a  ncigiibour  princess  to  suc- 
ceed me  ?  To  whose  grandeur  look  how  mucli  I  shall  add  by 
confirminsr  her  succession,  so  much  I  shall  detract  from  mine 


A.  D.   1561.]  CHURCH  OF  SCOTLAND.  13 

own  secui'ity.  This  peril  no  caution  can  assure,  nor  the 
bonds  of  any  laws  avert.  Princes  also  who  live  in  expecta- 
tion of  kingdoms  do  hardly  contain  themselves  within  the 
limits  of  right  and  reason.  Surely  I  myself  would  never  think 
my  estate  assured,  if  once  my  successor  were  known  to  the 
world."  This  is  the  sum  of  that  which  passed  at  his  second 
audience. 

Not  many  days  after  getting  access,  he  asked  the  queen 
what  answer  she  would  give  to  the  nobility.  She  said,  "  At 
this  time  I  have  no  answer  to  give,  but  that  I  approve  the 
affection  and  sedulous  care  they  have  of  their  sovereign's  good 
estate ;  but  the  matter  is  of  such  weight  as  I  cannot  on  a 
sudden  nor  directly  answer  it.  When  your  queen  shall  per- 
form her  promise  concerning  the  treaty  of  Leith,  it  will  be 
time  to  require  a  proof  of  my  affection  towards  her ;  till 
then  I  cannot  with  safety  of  mine  honour  gratify  her  in  any 
thing." 

Lethington  repUed,  as  before,  that  he  had  no  commission 
in  that  business,  and  that  m  the  matter  of  succession  he  had 
showed  more  his  own  judgment  than  the  mind  of  the  queen 
his  mistress ;  for  he  could  never  think  the  confirmation  of  the 
treaty  of  Leith  to  be  a  thing  of  that  importance  as  for  the 
delay  or  refusal  of  it  the  queen  of  Scots  and  her  posterity 
should  be  excluded  from  the  succession  of  the  crown  of  Eng- 
land. "  Neither  will  I  now,"  saith  he,  "  inquire  by  whom  that 
treaty  was  concluded  ;  at  what  time,  in  what  manner,  by 
what  authority,  and  for  what  cause  it  was  done  ;  for  I  have 
no  warrant  to  speak  of  these  things.  But  this  I  dare  affirm, 
that  albeit  the  queen,  following  her  husband's  direction,  had 
ratified  the  treaty,  she  should  have  found  herself  thereby  so 
far  interested  as  she  would  doubtless  have  used  all  means  to 
free  herself  of  the  same.  And  this  I  say  not  in  the 
queen's  name,  but  only  to  make  it  seem  that  our  noblemen 
have  reason  to  travail  that  all  debates  and  controversies  may 
cease,  and  a  firm  and  perpetual  peace  may  be  established." 

This,  and  some  other  speeches  interchanged  amongst  them 
touching  the  treaty,  moved  the  queen  of  England  to  agree 
that  the  same  should  be  revised  by  some  commissioners,  and 
corrected  after  tliis  form.  That  the  queen  of  Scots  should 
thenceforth  abstain  from  using  the  EngUsh  arms,  and  from 
the  titles  of  the  crown  of  England  and  Ireland,  during  the 


14  THE  HISTORY  OF  THE  [a.  D.  15G1. 

life  of  queen  Elizabeth  and  her  posfcrity.  That  on  the  other 
part,  the  queen  of  England  shouki  oblige  herself,  and  the 
cliildi-en  begotten  of  her,  to  do  nothing  in  prejudice  of  the 
queen  of  Scots  her  succession.  These  were  the  things  acted 
in  this  legation. 

Now  at  home,  the  queen,  keeping  a  progress  in  the  coun- 
try, went  from  Edinburgh  to  Stirling,  from  thence  to  Perth,. 
Dundee,  and  St  Andrews,  and  other  special  burghs,  where 
she  was  received  with  much  honour  and  triumph  ;  returning 
to  Edinburgh  a  little  before  the  feast  of  INlichaelmas,  at 
which  time  the  burgesses  are  wont  to  elect  their  annual 
magistrates,  and  to  set  down  statutes  for  the  good  of  the 
town.  Amongst  other  acts,  one  was  published,  inhibiting 
that  any  adulterer,  fornicator,  drunkard,  mass-priest,  or 
obstinate  papist,  should  be  received  in  the  town,  under  such 
pains  as  the  law  did  prescribe.  The  queen  interpreting  that 
to  be  an  usurpation  of  royal  power,  did  commit  Archibald 
Douglas,  provost,  to  the  castle  of  Edinburgh,  charging  the 
council  of  the  town  to  make  a  new  election,  which  they 
obeyed,  choosing  Mr  Thomas  Makcalyean  in  his  place.  A 
proclamation  was  likewise  made,  granting  liberty  to  all  good 
and  faithful  subjects  to  repair  and  remain  within  the  burgh 
at  their  pleasure,  for  doing  their  lawful  and  ordinary  busi- 
ness. 

These  things  ministered  great  offence,  especially  to  the 
preachers,  who  seeing  the  queen  take  more  liberty  than  she 
did  in  the  beginning,  keeping  her  masses  more  public,  and 
causing  them  to  be  celebrated  with  a  greater  pomp,  did 
mightily  complain  thereof  in  their  sermons,  but  proiited 
httle ;  for  some  of  the  noblemen,  who  had  in  former  times 
showed  themselves  most  zealous  against  the  toleration  of 
idolatry,  were  grown  a  little  more  cold  by  the  flatteries  of 
the  court,  and  all  of  them,  emulous  of  others'  greatness,  were 
striving  who  should  be  in  most  favour  with  the  queen. 

She  had  some  while  before  this  taken  to  be  of  her  privy 
council  the  duke  of  Chatelherault,  the  carls  of  Huntly, 
Argyle,  Athole,  Morton,  Marsliall,  Glencarne,  Montrose, 
and  Erroll,  Lord  James  her  brother,  the  Lord  Erskine,  and 
Mr  John  Lesley,  bishop  of  Ross.  Huntly  was  created 
chancellor,  one  that  in  matters  of  religion  had  behaved  him- 
self very  unconstantly,  and  to  win  the  queen's  favour  was 


A.  D.  15G1.1  CHURCH  OF  SCOTLAND.  15 

now  become  altogether  popish.  This  animated  the  priests 
and  others  of  that  fliction,  which  before  were  quiet,  and  put 
them  in  some  heart. 

One  Ninian  Winyet,  schoolmaster  at  Linlithgow,  a  man  of 
reasonable  learning,  set  forth  a  book  of  questions  against  the 
Confession  of  Faith ;  which  went  current  in  the  court,  and 
was  much  esteemed  by  them  of  his  profession.  Being  cited, 
and  divers  conferences  kept  with  him  to  make  him  acknow- 
ledge his  errors,  he  continued  obstinate,  and  was  therefore 
sentenced  by  the  Church  ;  whereupon  he  forsook  the  country, 
and  flying  to  Germany  was  preferred  to  be  abbot  of  the 
Scottish  monastery  at  Ratisbon,  where  he  lived  many  years. 
The  abbot  of  Crossraguel  in  the  west  published  about  the 
same  time  another  faith.  Whereunto  John  Knox  having 
made  a  reply,  the  author,  in  regard  of  his  age  and  quality  of 
birth  (for  he  was  of  the  house  of  Cassils),  was  thought  fit  to 
be  overseen. 

Meanwhile  the  court  was  busied  in  a  consultation  how  to 
supply  the  charge  of  the  queen's  house,  which  the  ordinary 
revenues  of  the  crown  could  not  so  honourably  maintain  as 
was  required.  Divers  ways  being  thought  upon,  the  readiest 
seemed  to  fall  upon  the  Church-rents,  and  draw  somewhat 
from  the  prelates  and  beneficed  persons.  To  this  purpose 
they  were  convened  before  the  council,  and  after  a  long 
treaty,  and  many  persuasions  used,  considering  with  them- 
selves how  they  subsisted  merely  by  the  queen's  favour,  and 
that  by  refusing  a  part  they  might  endanger  the  whole,  they 
were  induced  to  yield  the  third  part  of  their  benefices  to  be 
disposed  of  at  the  queen's  pleasure,  and  assumed  forth  of 
what  places  her  collectors  should  choose ;  her  majesty  secur- 
ing them  of  the  two  parts  during  their  lives,  and  liberating 
them  of  the  ministers,  with  whose  maintenance  they  were 
continually  boasted.  It  carried  some  show  of  commodity  this 
at  first,  but  turned  to  little  or  nothing ;  the  prelates  and 
beneficed  men  undervaluing  their  rents,  and  making  up  a 
third,  which  did  afterwards,  when  the  number  of  ministers 
increased,  scarce  suffice  to  their  provisions. 

Much  about  this  time  a  rumour  was  raised  in  the  court, 
and  went  a  while  uncontrolled,  that  the  earl  of  Arran  in- 
tended to  ravish  the  queen,  whom  he  was  known  to  love 
most  passionately.     She,  whether  counterfeiting  a  fear,  or 


16  THE  HISTOKY  OF  THE  [a.  U.  15G1. 

that  there  was  any  cause  given  that  way,  it  is  not  known,  did 
levy  a  guard  of  horse  and  foot  to  attend  her  person,  which 
put  divers  in  feai',  and  opened  the  mouths  of  discontented 
people,  as  if  some  grounds  of  tyranny  had  been  thereby  laid. 
But  she  not  regarding  these  surmises,  and  careful  only  of  the 
country's  quiet,  laboured  earnestly  to  have  justice  take 
place ;  and  the  borders  then  being  unquiet,  sent  her  brother 
Lord  James  thither,  with  a  commission  of  lieutenantry,  which 
he  faithfully  discharged,  using  exemplary  punishment  upon 
a  number  of  broken  men,  and  taking  pledges  of  others  for 
living  obedient  to  the  laws.  For  this  service,  at  his  return 
he  was  preferred  first  to  the  earldom  of  Mar,  and  a  little 
after  to  the  earldom  of  Murray  :  for  the  Lord  Erskiue,  hav- 
ing claimed  title  to  the  country  of  jNIar,  was  by  the  queen 
made  earl  of  the  same. 

Huntly  offending  that  these  honours  should  have  been 
conferred  without  his  consent,  and  he  thereby  put  from  the 
possession  first  of  Mar,  then  of  Murray,  which  he  had  en- 
joyed since  the  death  of  King  James  the  Fifth,  and  because 
of  that  long  possession  was  reckoned  to  be  a  part  of  his  own 
patrimony,  resolved,  since  he  saw  his  own  credit  and  author- 
ity waning,  before  that  of  Murray's  was  fully  settled,  to 
undermine  him  by  one  mean  or  other :  whereupon  by  scan- 
dals, detractions,  and  other  the  like  courses  familiar  in  the 
courts  of  princes,  he  laboured  to  disgrace  him ;  and  finding 
that  these  prevailed  not,  presented  to  the  queen  a  libel 
written  with  his  own  hand,  wlierein  he  charged  the  earl  of 
Murray  with  ambitious  affectation  of  the  royal  authority. 
Yet  the  proofs  he  brought  being  weak,  the  queen  made  no 
account  thereof.  This  also  failing,  he  incited  James  Hep- 
burn, earl  of  Bothwell  (one  that  had  debauched  his  patri- 
mony, and  had  all  his  hopes  depending  upon  the  public 
disturbance),  to  set  the  earl  of  Murray  and  the  Hamiltons  by 
the  ears  :  which  he  assayed  to  do,  first  by  persuading  the  earl 
of  Murray  to  ruin  Duke  Hamilton,  who,  as  he  said,  lay 
waiting  on  the  quccu's  death,  and  aimed  at  no  less  than  the 
crown,  and  besides  bare  a  particular  enmity  to  himself. 
This  he  said  could  not  but  be  acceptable  to  the  queen,  seeing, 
besides  the  natural  hatred  that  all  princes  carry  to  their 
successors,  she  did  bear  a  special  grudge  to  tiie  earl  of  Arran 
for  his  love  to  the  reformed  religion,  and  because  of  some 


A.  D.  1561.]  CHURCH  OF  SCOTLAND.  17 

hard  speeches  that  fell  out  in  a  conference  betwixt  him  and 
her  uncle  the  Marquis  d'Elbeuf. 

The  earl  of  Murray  abhorring  such  unhonest  practices, 
and  refusing  to  hearken  thereto,  his  next  address  was  to  the 
Hamiltons,  offering  to  take  part  with  them  in  cutting  off  the 
earl  of  Murray  (whose  credit  with  the  queen  he  knew  they 
disliked),  and  showing  how  easily  it  might  be  done.  By 
this  means,  he  said,  they  should  have  the  queen  in  their  own 
hands,  and  be  rid  of  him  who  chiefly  stood  in  their  way. 
The  time  and  place  of  the  murder  being  considered  upon, 
Bothwell  and  Gawin  Hamilton,  abbot  of  Kilwinning,  are  said 
to  have  taken  the  matter  in  hand.  The  device  was  to  kill 
the  earl  whilst  the  queen  was  at  hunting  in  the  park  of  Falk- 
land, and,  that  performed,  to  carry  the  queen  along  with 
them  for  their  greater  surety,  and  the  countenancing  of  the 
fact. 

The  earl  of  Arran,  who  had  withstood  the  conspiracy, 
perceiving  them  resolute  in  that  they  had  undertaken,  and 
fearing  it  might  take  effect,  advertiseth  the  earl  of  Murray 
of  the  plot  laid  against  his  life.  Murray  rendering  him 
many  thanks,  the  letter  was  intercepted  by  some  that  dis- 
liked the  intelligence  they  kept  with  others,  and  finding  by 
the  answer  what  advertisement  he  had  made,  persuaded  the 
duke  his  father  to  send  him  with  some  keepers  to  the  house 
of  Kinneill.  But  he  making  an  escape  in  the  night  came  to 
the  house  of  Grange  in  Fife,  and  sending  to  the  earl  of 
Murray  to  show  what  had  happened,  was  the  next  morning 
conveyed  by  him  to  the  queen  in  Falkland ;  and  at  his 
coming  he  discovered  the  whole  practice  unto  her ;  where- 
upon Bothwell  and  Kilwinning  were  both  apprehended,  for 
they  were  come  to  Falkland  of  intent  to  clear  themselves. 
Arran  being  brought  before  the  council  to  be  examined,  was 
observed  to  be  in  some  perturbation  of  mind,  and  being 
dimitted  for  that  time,  was  at  his  next  appearing  clearly 
perceived  by  his  words  and  countenance  to  be  taken  with  a 
phrensy ;  yet  when  he  came  to  himself,  as  he  did  sometimes 
in  the  beginning  of  the  disease,  he  wrote  to  the  queen  and 
others  so  judiciously,  as  many  thought  he  did  only  feign  him- 
self mad,  to  free  his  father  of  the  conspiracy.  The  rest  ho 
accused  so  constantly  and  with  such  eagerness,  that  in  pre- 
sence of  the  council  he  made  offer,  since  the  accusation  could 

VOL.  II.  2 


18  THE  HISTORY   OF  THE  [a.  D.   1561. 

not  be  made  out  by  witnesses,  to  try  it  in  single  combat  with 
Both  well.  But  the  queen,  misliking  that  form  of  trial,  made 
Bothwell  to  be  sent  to  the  castle  of  Edinburgh,  and  the 
abbot  of  Kilwinning  to  the  castle  of  Stirling,  committing 
Arran  to  the  custody  of  some  persons  at  court. 

And  now  Huntly  imagining  that  he  had  a  fair  occasion  to 
put  Murray  out  of  the  way,  and  that  he  might  do  the  same 
more  safely,  having  two  of  the  greatest  famihes  in  the  king- 
dom partners  Avith  him  in  the  quarrel,  fell  into  other  devices  ; 
and  first  stirring  up  a  trouble  in  St  Andrews,  where  the 
queen  then  remained,  and  thinking  that  Murray  would  come 
forth  upon  the  noise  to  pacify  the  tumult,  he  resolved  by 
some  whom  he  had  suborned  to  cut  him  off  in  the  fray. 
This  not  succeeding,  some  armed  men  were  laid  to  intercept 
him  as  he  came  from  the  court  at  night ;  for  the  queen  de- 
taming  him  late,  he  was  Avont  to  go  accompanied  with  one  or 
two  only  in  most  quiet  manner  to  his  lodging.  But  this 
being  hkewisc  frustrated  by  advertisement  given  to  Murray, 
and  he  having  tried  it  to  be  so  (for,  upon  the  notice  given 
him,  he  went  and  found  them  standing  armed  in  the  porch  of 
the  abbey,  which  was  the  place  designed  to  him),  delated 
the  matter  to  the  queen,  Huntly  excusing  his  men,  said 
that  they  were  some  only  of  his  company,  who  being  to  go 
home  that  day,  had  put  on  their  arms,  and  being  stayed  by 
some  occasion  till  the  next  morning  were  there  attending 
his  coming. 

This  excuse,  albeit  nought  and  frivolous,  was  accepted  for 
the  time ;  which  gave  many  to  think,  that  the  queen's  affec- 
tion to  her  brother  was  not  so  great  as  it  was  commonly 
taken  to  be.  And  it  is  true  that  about  the  same  time  the 
queen  had  received  letters  from  the  pope,  the  cardinal  of 
Lorraine,  and  her  uncles  in  France,  advising  her  to  entertain 
Huntly,  as  the  man  most  powerful  and  best  inclined  towards 
the  advancing  of  the  Romish  religion,  and  to  give  him  some 
hopes  of  her  marriage  with  John  Gordon  his  second  son, 
whereby  he  should  be  made  more  forward  in  the  purpose. 
Great  promises  were  made  besides  of  money  and  other  ne- 
cessary supplies  for  war,  but  so  always,  as  these  were  made 
away  that  wore  enemies  to  the  Cathohc  faith ;  of  whose 
names  a  roll  was  sent  unto  her,  and  the  earl  of  Murray 
placed  in  the  first  rank.     But  what  impression  these  letters 


A.  D.   1562.]  CHURCH  OF  SCOTLAND.  19 

made  in  the  queen's  mind,   she  showed  the  same  to  her 
brother,  and  used  him  with  no  less  respect  than  before. 

In  the  beginning  of  the  next  summer  there  was  a  great 
speech  of  the  interview  of  the  queens  of  England  and  Scot- 
land, and  messengers  to  and  fro  sent  to  agree  upon  the  place, 
the  time,  and  manner  of  the  meeting.  The  motion  came 
from  the  queen  of  Scots,  who,  as  it  was  thought,  greatly 
affected  the  same  out  of  a  desire  she  had  to  live  in  a  firm 
peace  with  the  queen  of  England,  and  make  herself  known 
to  the  subjects  of  that  country.  Neither  was  the  meeting 
disliked  of  the  better  sort,  as  thinking  it  would  serve,  besides 
the  preservation  of  the  common  peace,  to  bring  her  unto  a 
liking  of  the  reformed  religion.  But  they  who  were  popishly 
set,  fearing  greatly  the  conference,  spake  openly  against  it, 
saying,  that  of  such  interviews  there  was  never  seen  any 
good  fruit,  and  that  it  would  not  be  safe  for  the  queen  of 
Scots  to  put  herself  in  the  power  of  her  whose  kingdom  she 
had  claimed.  Not  the  less  the  treaty  went  on,  and  was 
concluded ;  York  condescended  to  be  the  place  of  meeting, 
the  numbers  on  either  side  agreed  unto,  and  the  time  de- 
signed about  the  end  of  June.  But  whilst  all  things  were  in 
readiness  for  the  journey,  the  queen  of  England  excused 
herself  by  letters,  desiring  the  interview  should  be  put  off 
till  the  next  year ;  Avhich  the  queen  of  Scots  was  not  ill 
pleased  to  hear,  for  she  feared  if  the  same  had  held,  that  the 
French  king  and  her  uncles  should  have  been  much  offended. 

This  journey  being  stayed,  the  queen  took  her  progress 
unto  the  north.  Being  at  Stirhng,  she  was  petitioned,  by 
certain  commissioners  of  the  Church,  for  abolishing  the  mass, 
and  other  superstitious  rites  of  the  Roman  religion,  and  for 
decerning  some  punishment  against  blasphemy,  against  the 
contempt  of  the  word,  the  profanation  of  the  sacraments,  the 
violation  of  the  Sabbath,  adultery,  fornication,  and  other  the 
like  vices  condemned  by  the  word  of  God,  whereof  the  laws  of 
the  country  did  not  take  any  hold.  For  actions  of  divorce,  it 
was  likewise  desired  that  they  should  be  remitted  to  the 
judgment  of  the  Church,  or  at  least  trusted  to  men  of  good 
knowledge  and  conversation ;  and  that  popish  churchmen 
might  be  excluded  from  places  in  session  and  council.  To 
these  petitions  exhibited  in  writing,  the  queen,  after  she  had 
perused  the  same,  made  answer,  that  she  would  do  nothing 


20  THE  HISTORY  OF  THE  [a.  D,   1562. 

in  prejudice  of  the  religion  she  professed,  and  hoped  before 
a  year  was  expired  to  have  the  mass  and  CathoUc  profession 
restored  through  the  whole  reahn;  and  thus  parted  from 
them  in  a  choler. 

About  the  midst  of  August  she  entered  into  Aberdeen,  and 
was  met  by  the  Lady  Huntly,  a  woman  of  an  haughty  dis- 
position, wise  and  crafty  withal  in  sifting  the  minds  of  others. 
She,  knowing  the  mutability  of  princes'  favours,  laboured  to 
insinuate  herself  in  the  queen's  affection,  using  all  servile 
flattery,  extolling  the  power  of  her  husband,  and  repeating 
the  offer  he  had  made  for  re-establishing  the  Roman  profes- 
sion in  these  north  parts.  Then  falling  to  intercede  for  her 
son  John  Gordon  (who  had  offended  the  queen  by  his  escape 
forth  of  the  ward  in  which  he  was  put  for  wounding  the 
Lord  Ogilvy  upon  the  High  Street  of  Edinburgh),  she  en- 
treated her  majesty's  favour  for  that  oversight,  and  that  he 
might  be  licensed  to  attend  her  majesty  during  her  abode  in 
those  quarters.  The  queen  understanding  what  they  went 
about,  and  how  they  flattered  themselves  with  a  conceit  of 
her  marriage,  answered,  that  it  stood  not  with  her  honour  to 
admit  him  unto  her  presence,  unless  he  should  re-enter  him- 
self into  the  place  from  which  he  had  escaped.  The  lady, 
thanking  her  majesty,  and  promising  obedience  in  her  son's 
behalf,  did  only  entreat  that  the  place  of  his  ward  might  be 
changed  to  the  castle  of  StirUng,  whereunto  the  queen 
having  yielded,  the  Lord  Glammis  was  appointed  to  convey 
him  thither  :  and  he  indeed  went  so  far  on  the  way  as  to  the 
nobleman  his  house  of  Glammis ;  but  (whether  called  back  by 
his  father  and  friends,  or  of  his  own  private  motion,  it  is  un- 
certain) there  he  changed  his  mind,  and  returned  to  the 
north,  where  gathering  some  forces,  a  thousand  horse  or 
thereabout,  with  them  he  drew  near  to  Aberdeen. 

The  queen  highly  commoved  with  his  contempt,  yet  dis- 
sembling her  anger,  did  after  a  day  or  two  keep  on  her 
journey  towards  Inverness,  whither  she  intended.  The 
eighth  of  September,  the  night  before  her  setting  forth,  were 
seen  in  the  firmament  great  inflammations,  and  lightnings  ex- 
traordinary, which  continued  the  space  of  two  hours  and 
above.  It  feared  the  common  sort,  who  do  always  interpret 
such  accidents  to  be  prognostics  of  some  trouble.  But  the 
queen  contemning  these  things  as  casual,  would  not  hear  of 


A.  D.  1562.]  CHURCH  OF  SCOTLAND.  21 

altering  her  journey  ;  so  the  first  day  she  went  to  Buchan, 
the  next  to  Rothiemay,  and  the  third  day  being  invited  by 
Huntly  to  his  house  of  Strathbogie,  where  great  prepara- 
tions were  made  for  her  receipt,  she  denied  to  go  with  hira, 
or  grace  him  in  any  sort,  till  his  son  gave  obedience ;  and  so 
kept  on  her  way. 

The  day  following  she  came  to  Inverness,  and  thinking  to 
lodge  in  the  castle,  the  keeper,  Alexander  Gordon,  refused 
to  give  her  entry.  Thereupon  she  began  to  suspect  some 
treachery.  In  the  townsmen  she  could  repose  no  assurance, 
as  being  all  vassals  and  dependers  of  Huntly.  The  town 
itself  was  unfenced  with  walls,  and  the  country  all  in  arms 
(as  she  was  advertised)  to  attend  his  coming.  Yet  disposing 
of  things  in  the  best  sort  she  could,  order  was  given  to  keep 
a  strong  watch,  to  fortify  the  passages  into  the  town,  and 
have  ships  prepared  in  the  road,  whereunto,  if  need  were, 
she  might  take  her  refuge.  About  midnight,  some  spies  sent 
from  Huntly  unto  the  town  were  apprehended,  who  dis- 
covering his  numbers  and  enterprise,  were  made  fast.  And 
the  next  morning,  upon  a  rumour  that  went  of  her  danger 
the  queen  stood  in,  there  flocked  out  of  all  quarters  unto  her 
numbers  of  highlandmen,  the  Frasers  and  Monroes  chiefly, 
with  their  followers  and  friendship.  The  clan  Chattan  in 
Huntly's  company,  how  soon  they  knew  that  the  enterprise 
was  against  the  queen,  forsook  him,  and  slipping  aside,  came 
and  yielded  themselves  unto  her.  She,  finding  her  forces 
increased,  commanded  to  lay  siege  to  the  castle,  which  ren- 
dered upon  the  first  assault.  The  captain  and  principal 
keepers  were  executed,  but  the  lives  of  the  common  soldiers 
spared.  After  some  four  days'  abode  in  the  castle,  the  queen 
returned  to  Aberdeen,  accompanied  with  all  the  noblemen 
and  clans  of  the  country  ;  and  thither  came  the  Lady  Huntly 
with  offers  of  submission  for  her  husband,  but  was  denied  access. 

Huntly  perceiving  the  world  thus  altered,  and  himself 
fallen  into  the  queen's  displeasure,  so  as  there  was  no  hope 
of  regaining  her  favour,  betook  himself  to  desperate  courses, 
and  assembling  his  friends  and  others  that  would  run  hazard 
with  him,  he  approached  to  Aberdeen,  presuming  much  of 
the  affection  of  the  inhabitants.  At  court  he  had  the  earl 
of  Sutherland,  and  John  Lesly  of  Buchan,  men  of  no 
mean  power,  who  made  him  daily  advertised  of  things  that 


22  THE  HISTORY  OF  THE  [a.  D.   1562. 

passed  there,  and  the  small  numbers  that  were  with  the 
queen,  willing  him  to  take  the  opportunity.  Whereupon 
resolving  to  follow  his  enterprise  before  the  forces  of  the 
queen  were  farther  increased  (for  charge  was  gone  to  all  that 
could  bear  arms  in  Lothian,  Fife,  Angus,  Stratherne,  and 
Mearns,  to  come  and  attend  her  at  Aberdeen),  he  advanced 
with  some  eight  hundred  in  company,  looking  to  find  no 
resistance.  And  like  enough  the  enterprise  had  succeeded 
to  his  mind,  but  that  the  same  morning  letters  were  inter- 
cepted, sent  by  Sutherland  and  Buchan  to  Huntly,  which 
detected  all  their  counsels.  Sutherland,  upon  the  discovery, 
escaped :  Buchan  was  pardoned  upon  his  confession,  and 
from  thenceforth  served  the  queen  faithfully.  Huntly,  ad- 
vertised of  these  things,  was  advised  by  his  friends  to  turn 
back ;  yet  hearing  the  earl  of  Murray  was  coming  against 
him,  he  made  a  stay,  resolving  to  fight. 

The  place  of  standing  he  choosed  was  naturally  fenced  with 
moss  and  quagmire,  and  so  of  difficult  access.  Three  hundred 
they  were  in  all,  for  many  of  his  followers  the  night  preced- 
ing were  slipt  from  him.  Neither  had  the  carl  of  Murray 
any  great  number,  and  few  whom  he  might  trust :  for  how- 
beit,  of  the  country  about,  divers  gathered  unto  him,  most  of 
them  were  corrupted  by  Huntly,  as  appeared  when  the 
companies  came  in  sight  one  of  another,  all  of  them,  in  sign  of 
treason,  and  that  they  might  be  discerned  by  the  enemy, 
putting  a  bush  of  heath  or  heather  in  their  helmets,  and  how 
soon  they  came  to  join,  giving  back,  and  retiring  in  great 
disorder.  The  earl  of  Murray,  who  stood  a  little  off  with 
an  hundred  in  a  troop,  discovering  the  treason,  called  aloud 
to  his  men,  that  they  should  bend  their  spears,  and  not  suffer 
them  that  fled  to  enter  amongst  them.  So  forced  to  take 
another  course,  they  went  aside,  leaving  him  and  his  troop 
where  they  had  taken  their  standing.  Huntly  imagining 
upon  that  flight  and  disorder  the  day  to  be  his,  commanded 
his  men  to  throw  away  their  lances,  and  with  drawn  swords 
to  run  upon  them  as  to  a  slaughter.  But  when  they  were 
come  to  the  place  where  Murray  with  his  company  stood, 
they  were  borne  back  and  compelled  to  fly  as  fast  as  before 
they  followed.  They  who  had  played  the  traitors  seeing 
this,  to  clear  themselves,  turned  upon  Huntly,  and  made  all 
the  slaughter  which  was  committed  that  dav. 


A,  D.  1563.]  CHURCH  OF  SCOTLAND.  23 

There  fell  in  the  conflict,  on  Huntly's  side,  a  hundred  and 
twenty,  near  as  many  were  taken  prisoners;  on  the  other 
party  not  a  man  died.  Amongst  the  prisoners  was  the  earl 
of  Huntly  himself,  with  two  sons,  John  and  Adam  Gordon. 
The  earl  was  aged  and  corpulent,  and,  b}^  reason  of  the 
throng  that  pressed  liim,  expired  in  the  hands  of  his  takers ; 
the  rest  were  carried  to  Aberdeen  late  in  the  night.  The 
earls  of  Murray,  Morton,  and  Lord  Lindsay  (for  these  last 
two  had  been  in  the  field  with  ]\Iurray),  went  first  into  the 
church,  where  Mr  John  Craig,  minister  of  that  city,  gave 
solemn  thanks  to  God  for  the  victory  and  their  safety.  This 
ended,  they  went  unto  the  queen,  who  received  them  gra- 
ciously, yet  expressed  no  motion  of  a  mind  either  troubled  or 
much  joyed.  The  next  day  was  spent  in  taking  counsel 
concerning  the  prisoners ;  the  conclusion  whereof  was,  that 
punishment  should  be  taken,  according  to  the  laws,  of  John 
Gordon  ;•  that  Adam  his  brother  should  be  spared,  because 
of  his  tender  age  ;  the  other  captives  fined  according  to  their 
wealth,  and  those  of  meaner  estate  banished  the  country. 
The  day  following,  John  Gordon,  upon  a  scaffold  erected  in 
the  street  of  Aberdeen,  was  pubUcly  executed.  His  death 
was  much  lamented,  not  by  his  friends  only,  but  even  by 
strangers  and  persons  unknown  ;  for  he  was  a  youth  of  most 
brave  and  manlike  countenance,  of  a  valorous  spirit,  and  one 
who  by  his  noble  behaviour  had  raised  great  expectation  of 
himself.  Abused  he  was  with  the  hopes  of  a  royal  match, 
and,  which  grieved  all  the  beholders,  pitifully  mangled  by  an 
unskilful  executioner. 

This  defeat  of  Huntly  brought  the  north  parts  in  a  great 
obedience,  and  mightily  discouraged  those  of  the  popish  fac- 
tion throughout  the  whole  realm  ;  for  all  that  sort  had  placed 
their  hopes  on  him  and  his  greatness  both  in  the  court  and 
country.  The  eldest  of  his  sons,  named  George,  after  the 
loss  of  that  field,  fled  to  the  duke  his  father-in-law,  and  was 
delivered  by  him  to  the  queen,  who  sent  him  prisoner  to 
Dunbar.  In  the  end  of  January  he  was  accused  and  con- 
victed of  treason,  his  lands  declared  to  be  forfeited,  and  him- 
self committed  to  prison.  Shortly  after,  John  Hamilton, 
archbishop  of  St  Andrews,  was  committed  in  the  castle  of 
Edinburgh,  for  saying  and  hearing  of  mass.  The  abbot  of 
Crossraguel  and  prior  of  Whithern  were  used  in  the  like 


24  THE   HISTORY  OF  THE  [a.  D.   15G3. 

sort,  and  divers  priests  and  monks  for  the  same  cause 
censured.  The  severe  proceeding  against  papists  put  many 
in  hope  that  the  queen  should  be  brought  to  embrace  the 
reUgion  ;  which  was  farther  assured  by  the  countenance 
she  gave  unto  the  Church  in  the  parhament  kept  at  Edin- 
burgh the  May  following,  wherein  divers  statutes  passed 
upon  their  petitions,  as  in  the  acts  of  that  time  may  be  seen. 
In  this  parliament  was  the  act  of  obHvion  (agreed  unto  at  the 
treaty  of  Lcith)  first  ratified ;  but  without  any  respect  to 
that  treaty,  which  the  queen  would  never  acknowledge. 
Wherefore  it  was  advised  that  the  lords  in  the  house  of 
parhament  should,  upon  their  knees,  entreat  the  passing  of 
such  an  act,  which  accordingly  was  done.  The  rest  of  this 
summer  the  queen  spent  in  hunting  in  the  countries  of  Athole 
and  Argyle. 

But  in  August  the  same  year  there  happened  a  thing  that 
was  like  to  have  caused  much  trouble.  Certain  of  the 
queen's  family  that  remained  in  the  palace  of  Halyrudhouse 
had  a  priest  attending  them,  who  did  his  ordinary  service 
in  the  chapel ;  divers  of  the  town  of  Edinburgh  resorting 
unto  it,  great  offence  was  taken,  and  the  disorder  complained 
of  by  the  preachers.  The  citizens  being  informed  that  many 
of  their  people  were  gone  thither,  one  day  went  down,  and 
being  denied  entry,  forced  the  gates.  Some  were  taken 
and  carried  to  prison,  many  escaped  by  the  back  way 
with  the  priest  himself.  The  uproar  was  great,  and  ad- 
vertisement going  to  the  queen  thereof,  she  was  mightily 
incensed,  avowing  not  to  come  to  the  town  till  some  ex- 
emplary punishment  were  inflicted  upon  the  doers  ;  yet  by 
the  mediation  of  the  earls  of  Murray  and  Glencarne  she  was 
pacified.  John  Knox  only  was  called  before  the  council, 
and  charged  to  have  been  the  author  of  that  sedition,  as 
hkewise  for  convocating  the  subjects  by  his  missive  letters 
whensoever  he  thought  meet.  He  answered,  that  he  was 
never  a  preacher  of  rebellion,  nor  loved  he  to  stir  up  tumults ; 
contrariwise,  he  taught  all  people  to  obey  their  magistrates 
and  princes  in  God.  As  to  the  convocation  of  the  subjects, 
he  had  received  from  the  Church  a  command  to  advertise 
his  brethren  when  he  saw  a  necessity  of  their  meeting, 
especially  if  he  saw  religion  to  be  in  peril ;  and  had  often 
craved   to   be   exonerated   of    that   burden,    but    still    was 


A.  D.  1564.]  CHURCH  OF  SCOTLAND.  25 

refused.  Then  directing  his  speech  to  the  queen  with  a 
wonderful  boldness,  he  charged  her  in  the  name  of  the 
almighty  God,  and  as  she  desired  to  escape  his  heavy  wrath 
and  indignation,  to  forsake  that  idolatrous  religion  which 
she  professed,  and  by  her  power  maintained  against  the 
statutes  of  the  realm.  And  as  he  was  proceeding,  he  was 
required  by  the  earl  of  Morton  then  chancellor  (fearing  the 
queen's  irritation)  to  hold  his  peace,  and  go  away.  After 
which  time  matters  were  carried  more  peaceably  betwixt 
the  queen  and  the  Church,  the  eai4  of  Murray  always  in- 
terposing himself,  and  proponing  the  petitions  of  the 
Church  unto  her,  as  likewise  returning  her  answers  to  their 
satisfaction. 

In  the  end  of  this  year  Matthew  Stewart,  earl  of  Lennox, 
by  the  permission  of  the  queen,  returned  into  Scotland,  and 
in  a  parliament  called  to  that  effect  in  January  next  had  the 
process  of  forfeiture  laid  against  him,  whilst  the  duke  was 
governor,  reduced,  and  so  restored  to  his  lands  and  posses- 
sions, after  twenty-two  years'  exile.  Henry  his  son  followed 
him  some  months  after,  and  came  to  Edinburgh  in  the  be- 
ginning of  February ;  a  young  man  not  past  twenty-one 
years,  of  comely  personage,  and  of  a  mild  and  sweet 
behaviour.  He  had  presence  of  the  queen  in  the  place  of 
Wemyss,  and  was  received  with  great  demonstrations  of 
favour.  Nor  was  it  long  that  she  was  perceived  to  bear 
some  affection  unto  him  ;  whereupon  a  speech  went  that 
she  would  take  him  unto  her  husband.  And  indeed,  besides 
the  love  she'  carried  to  the  young  nobleman,  there  were 
great  respects  that  led  her  that  way.  He  was  descended  of 
the  royal  blood  of  England,  and  next  unto  herself  the  apparent 
heir  of  that  crown.  If  it  should  fall  him  to  marry  with  one 
of  the  great  families  of  England,  it  was  to  be  feared  that 
some  impediment  might  be  made  to  her  In  the  right  of  suc- 
cession, which  she  thought  was  a  wise  part  in  her  to  prevent. 
Again,  the  queen  of  England  had  advised  her  by  Thomas 
Randolph  her  ambassador,  to  choose  unto  herself  a  husband 
in  England,  for  the  better  conservation  of  the  peace  con- 
tracted betwixt  the  kingdoms,  and  had  of  late  recommended 
the  earl  of  Leicester  as  a  worthy  match  to  her.  She  there- 
fore, as  well  to  satisfy  the  queen  of  England's  desire,  in  not 
matching  with  a  stranger,  but  with  some  Englishman  born, 


26  THE   HISTORY  OF  THE  [a.  D.   1564. 

as  likewise  to  cut  off  all  debates  of  succession,  resolved  to 
take  the  nobleman  to  her  husband. 

But  no  sooner  was  her  intention  discovered,  than  on  all 
sides  enemies  rose  up  against  her.     Of  the  nobility  at  home 
some  opposed  the  marriage  under  pretext  of  religion,  for  the 
earl  of  Lennox  and  his  son  Avere  both  esteemed  to  be  popish. 
The  queen  of  England,  by  Nicholas  Throgmorton  her  am- 
bassador, advised  her  not  to  use  haste  in  a  business  of  that 
importance ;    and  (to  interpose  some  impediment)  charged 
the  earl  of  Lennox  and  his  son  to  return  into  England,  the 
time  being  not  yet  expired  contained  in  their  licenses.     And 
universally  amongst  the  subjects  the  question  was  agitated, 
whether  the  queen  might  choose  to  herself  an  husband ;  or  if 
it  were  more  fitting  that  the  Estates  of  the  land  should  ap- 
point one  unto  her.      Some  maintaining,  that  the   liberty 
could  not  be  denied  unto  her  which  was  granted  to  the 
meanest  subject ;    others   excepting,    that   in   the   heirs  of 
kingdoms  the  case  was  different,  because  they,  in  assuming 
an  husband  to  themselves,  did  withal  appoint  a  king  over 
the  people ;   and  that  it  was  more  reason  the  whole  people 
should  choose  an  husband  to  one  woman,  than  that  one  woman 
should  elect  a  king  to  rule  over  the  whole  people.     It  was 
objected  also  by  some  that  the  marriage  was  unlawful  and 
contrary  to  the   canon  law.   Lady   Margaret  Doughis  his 
mother  being  sister  uterine  to  King  James  the  Fifth  her 
father.     But  for  this  the  queen  had  provided  a  remedy, 
having  sent  William  Chisholm,  bishop  of  Dunblane,  to  briug 
a  dispensation  from  Rome.     And,  to  strengthen  herself  at 
home,  she  restored    George   Gordon,   son   to   the   carl   of 
Huntly,  unto  his  lands  and  honours,  recalled  the  earl  of 
Sutherland  who  lived  an  exile  in  Flanders,  and  Bothwell 
that  was  banished  in   France.     This  wicked  man  was  not 
well  returned  into  the  country,   when  he   devised   a   new 
plot  against  the  earl  of  Murray  his  life,  for   which  being 
called  in  question  he  forsook  the  country,  and  fled  again 
unto  France. 

The  only  man  that  seemed  to  stand  for  the  marriage,  and 
used  his  best  means  to  promote  it,  was  an  Italian  called 
David  Rizio,  who  had  great  credit  at  that  time  with  the 
queen.  This  man  had  followed  the  Savoyan  ambassadoi'  into 
Scotland,  and  in  hope  of  bettering  his  fortune  gave  himself  to 


A.  D.   1564.]  CHURCH  OF  SCOTLAND.  27 

attend  the  queen  at  first  in  the  quality  of  a  musician  ;  after- 
wards growing  in  more  favour,  he  was  admitted  to  write  her 
French  letters,  and  in  the  end  preferred  to  be  principal 
secretary  to  the  Estate.  It  grieved  many  to  see  a  stranger 
thus  advanced.  Lethington  chiefly  was  displeased,  for  that 
he  found  his  credit  this  way  impaired ;  yet  being  one  that 
could  put  on  any  disguise  on  his  nature,  of  all  others  he 
most  fawned  on  this  Italian,  and  showing  him,  as  it  was 
truth,  that  he  was  the  object  of  divers  noblemen's  envy,  did 
persuade  him  by  all  means  to  work  the  match,  and  procure, 
if  it  could  be,  the  consent  of  the  queen  of  England  thereto  ; 
wherein  offering  his  own  service  (for  he  longed  after  some 
employment  abroad),  he  procured  to  himself  a  message  to- 
wards the  queen  of  England.  By  him  the  earl  of  Lennox 
and  his  son  did  excuse  their  not  returning  into  England  as 
they  were  charged ;  beseeching  Queen  Elizabeth's  favour 
unto  the  match  intended,  as  that  which  might  prove  more 
profitable  to  her  and  her  realm  than  any  other  course  the 
Scottish  queen  should  take. 

Seigneur  Davie  (for  so  he  was  commonly  called)  did  after 
this  labour  with  all  his  power  to  have  the  marriage  perfected  ; 
and  as  he  was  of  a  politic  wit,  the  more  to  bind  the  young 
nobleman  and  his  friendship  unto  him,  studied  to  have  the 
same  finished  before  the  return  of  the  queen  of  England's 
answer ;  either  fearing  that  her  disassent  might  work  some 
delay  in  the  match,  or  that  the  nobleman's  obligation  to 
himself  should  be  the  less  in  case  she  consented.  For  this 
purpose  a  convocation  of  the  Estates  was  kept  at  Stirling 
in  the  month  of  May ;  where  the  matter  being  proponed,  and 
the  advice  of  the  Estates  craved,  many  did  yield  their  con- 
sents, with  a  provision  that  no  change  should  be  made  in  the 
present  estate  of  religion.  The  greater  part,  to  gratify  the 
queen,  without  making  any  exception,  agreed  that  the 
marriage  should  proceed.  Of  the  whole  number  Andrew, 
lord  Ochiltrie,  did  only  oppose,  plainly  professing  that  he 
would  never  consent  to  admit  a  king  of  the  popish  religion. 
Shortly  after  was  Henry,  lord  Darnly,  created  lord  of 
Ardmanoch,  earl  of  Ross,  and  duke  of  Rothesay,  that  hon- 
oured with  these  titles  he  might  be  thought  more  worthy  of 
the  royal  match.  This  determination  of  the  Estates  published, 
the  earls  of  Murray,  Argyle,  Gleucarne,  and  Rothes,  assisted 


28  THE  HISTORY  OF  THE  [a.  D.  1564. 

by  the  duke  of  Chatelherault,  whom  they  had  drawn  to  be 
of  their  faction,  meeting  at  StirUng  after  that  the  queen 
was  parted,  did  join  in  a  confederacy  for  resistmg  the  mar- 
riage, pretending  the  danger  of  rehgion  and  other  inconveni- 
ences that  might  arise  to  the  Estate.  In  the  town  of 
Edinburgh  the  people  began  to  mutiny,  and  assembling 
themselves  in  companies  on  St  Leonard's  Craigs,  took  counsel 
to  put  their  burgesses  in  arms,  to  assign  them  captains,  and 
to  disarm  such  of  the  townsmen  as  they  knew  to  be  affected 
to  the  marriage. 

The  queen,  highly  incensed  at  this  mutiny,  did  haste  to 
the  town,  at  whose  coming  the  heads  of  the  faction,  Andrew 
Slater,  Alexander  Clerk,  Gilbert  Lauder,  William  Harlaw, 
Nicoll  Rind,  James  Inglish,  James  Young,  and  Alexander 
Guthrie  fled  forth  of  the  town,  and  were  denounced  rebels. 
Their  houses  possessed  by  the  treasurer,  and  their  goods  put 
under  inventory,  were,  after  some  few  days,  at  the  interces- 
sion of  the  magistrates  (so  great  was  the  queen's  clemency) 
restored,  and  themselves  pardoned. 

The  Assembly  of  the  Church  meeting  at  the  same  tim  in 
Edinburgh,  presented  to  the  queen  by  their  commissioners 
the  petitions  following  : — 

1.  That  the  papistical  and  blasphemous  mass,  with  all 
popish  idolatry,  and  the  pope's  jurisdiction,  should  be  uni- 
versally suppressed  and  abolished  through  the  whole  realm, 
not  only  amongst  the  subjects,  but  in  the  queen's  majesty's 
own  person  and  family  ;  and  such  as  were  tried  to  transgress 
the  same,  punished  according  to  the  laws. 

2.  That  the  true  religion  presently  received  should  be 
professed  by  the  queen  as  well  as  by  the  subjects ;  and 
people  of  all  sorts  bound  to  resort  upon  the  Sundays  at 
least  to  the  prayers  and  preaching  of  God's  word,  as  in  former 
times  they  were  holden  to  hear  mass. 

3.  That  sure  provision  should  be  made  for  sustentation  of 
the  ministry,  as  well  for  the  time  present  as  for  the  time  to 
come,  and  their  livings  assigned  them  in  the  places  where 
they  served,  or  at  least  in  the  parts  next  adjacent ;  and  that 
they  should  not  be  put  to  crave  the  same  at  the  hands  of 
any  others.  That  the  benefices  now  vacant,  or  that  have 
fallen  void  since  the  month  of  March  1558,  and  such  as  should 
happen  thereafter  to  be  void,  should  be  disponed  to  persons 


A.  D,  1564.]  CHURCH  OF  SCOTLAND.  29 

qualified  for  tlie  ministry,  upon  trial  and  admission  by  the 
superintendents. 

4.  That  no  bishopric,  abbacy,  priory,  deanry,  provostry, 
or  other  benefice  having  more  churches  than  one  annexed 
thereto,  should  be  disponed  in  time  coming  to  any  one  man, 
but  that  the  churches  thereof  being  dissolved,  the  same  should 
be  provided  to  several  persons,  so  as  every  man  having 
charge  may  serve  at  his  own  church,  according  to  his  voca- 
tion. That  glebes  and  manses  might  be  designed  for  the 
residence  of  ministers,  as  likewise  the  churches  repaired  ;  and 
an  act  made  in  the  next  parliament  to  that  effect. 

5.  That  none  should  be  permitted  to  have  charge  of 
schools,  colleges,  and  universities,  or  to  instruct  the  youth 
either  privately  or  publicly,  till  they  were  tried  by  the 
superintendents  in  the  visitation  of  the  churches,  and  after 
trial  admitted  to  their  charge. 

6.  That  all  lands  founded  of  old  to  hospitality  should  be 
restored,  and  applied  to  the  sustentation  of  the  poor ;  and 
that  all  lands,  annual  rents,  or  other  emoluments  belonging 
sometime  to  the  friars  of  whatsoever  order,  as  likewise  the 
annuities,  altarages,  obits,  and  other  duties  pertaining  to 
priests,  be  employed  to  the  same  use,  and  to  the  upholding 
of  schools  in  the  places  where  they  lie. 

7.  That  horrible  crimes  abounding  in  the  realm,  such  as 
idolatry,  blasphemy  of  God's  name,  manifest  violation  of  the 
Sabbath  or  Lord's  day,  witchcraft,  sorcery  and  enchantment, 
adultery,  incest,  open  whoredom,  maintaining  of  brothels, 
murder,  slaughter,  theft,  reifs  and  oppression,  with  all  other 
detestable  crimes,  be  severely  punished,  and  judges  appointed 
in  every  province  for  executing  the  same. 

8.  That  some  order  should  be  devised  for  the  relief  of  the 
poor  labourers  of  the  ground,  who  are  oppressed  in  their 
tithes  by  leases  set  over  their  heads,  and  they  thereby  forced 
to  take  unreasonable  conditions. 

To  these  petitions  the  queen  made  answer  by  writing  in 
this  sort.  First,  she  said,  that  where  it  was  desired  that 
the  mass  should  be  suppressed  and  abolished  as  well  in  her 
majesty's  own  person  and  family  as  amongst  the  subjects,  her 
highness  did  answer  for  herself,  that  she  was  no  ways  per- 
suaded that  there  was  any  impiety  in  the  mass  ;  and  trusted 
her  subjects  would  not  press  her  to  do  against  her  conscience. 


30  THE   UISTOUY   OI'   THE  [a.  D.   1564. 

For,  not  to  dissemble,  but  to  deal  plainly  with  them,  she  said, 
that  she  neither  might  nor  would  forsake  the  rehgion  wherein 
she  had  been  educated  and  brought  up,  believing  the  same  to 
be  the  true  rehgion,  and  grounded  upon  the  word  of  God. 
Besides  she  knew  that  if  she  should  change  her  religion,  it 
would  lose  her  the  friendship  of  the  king  of  France,  and  other 
great  princes,  her  friends  and  confederates,  upon  whose  dis- 
pleasure she  would  be  loath  to  hazard,  knowing  no  friend- 
ship that  might  counter  value  theirs.  Therefore  desired  all 
her  loving  subjects,  who  have  had  experience  of  her  goodness, 
how  she  had  neither  in  times  past,  nor  yet  in  time  coming 
did  intend,  to  force  the  conscience  of  any  person,  but  to  per- 
mit every  one  to  serve  God  in  such  manner  as  they  are 
persuaded  to  be  the  best,  that  they  likewise  would  not  urge 
her  to  any  thing  that  stood  not  with  the  quietness  of  her 
mind. 

As  to  the  estabhshing  the  rehgion  in  the  body  of  the  realm, 
she  said,  that  they  knew  the  same  could  not  be  done  but 
by  the  consent  of  the  three  Estates  in  parliament :  and  how 
soon  the  same  should  be  convened,  whatsoever  the  Estates  did 
condescend  unto,  her  majesty  should  thereto  agree  ;  assuring 
them  in  the  meanwhile,  that  none  should  be  troubled  for 
using  themselves  in  religion  according  to  their  consciences, 
and  so  should  have  no  cause  to  fear  any  peril  to  their  lives 
or  heritages. 

To  the  third  and  fourth  articles  it  was  answered,  that 
her  majesty  did  not  think  it  reasonable  that  she  should  de- 
fraud herself  of  so  great  a  part  of  the  patrimony  of  the  crown 
as  to  put  the  patronages  of  benefices  forth  of  her  own  hands, 
seeing  the  public  necessities  of  the  crown  did  require  a  great 
part  of  the  rents  to  be  still  retained.  Notwithstanding,  her 
majesty  was  pleased  that,  her  own  necessities  being  supplied, 
after  it  should  be  considered  what  might  be  a  reasonable  sus- 
tentation  to  the  ministers,  a  special  assignation  should  be 
made  to  them  forth  of  the  nearest  and  most  commodious  places, 
wherewith  her  majesty  should  not  intermeddle,  but  suffer 
the  same  to  come  to  their  use. 

Toucliing  the  sustentation  of  the  poor,  her  majesty  said, 
that  her  liberality  towards  them  should  be  as  far  extended 
as  with  reason  can  be  required. 

And  for  the  rest  of  the  articles,  her  highness  promised  to 


A.  D.  1564.]  CHURCH  of  Scotland.  31 

do  therein  as  the  Estates  convened  in  parliament  should 
appoint. 

About  the  midst  of  July  (the  dispensation  of  the  marriage 
being  brought  from  Rome)  the  queen  was  espoused  to  the 
Lord  Darnly  after  the  popish  manner  in  the  chapel  of 
Halyrudhouse,  by  the  dean  of  Restalrig  ;  and  the  next  day 
was  he  by  the  sound  of  the  trumpet  proclaimed  king,  and  de- 
clared to  be  associated  with  her  in  the  government. 

The  discontented  lords  sent  forth  their  complaints  upon 
this,  alleging,  that  the  kingdom  was  openly  wronged,  the 
liberties  thereof  oppressed,  and  a  king  imposed  upon  the 
people  without  advice  and  consent  of  the  Estates,  (a  thing  not 
practised  before  at  any  time,  and  contrary  to  the  laws  and 
received  custom  of  the  country,)  desiring  therefore  all  good 
subjects  to  take  the  matter  to  heart,  and  join  with  them  in 
resisting  these  beginnings  of  tyranny.  But  few  or  none 
were  thereby  won  to  show  themselves  openly  of  their  party, 
so  as  when  the  queen  with  her  husband  went  against  them, 
they  left  the  town  of  Stirling,  where  they  first  convened, 
and  fled  into  Paisley. 

The  king,  to  make  himself  more  popular,  and  take  from 
the  lords  the  pretext  of  religion  wherewith  they  coloured 
their  designs,  took  purpose  to  go  unto  St  Giles's  church  in 
Edinburgh,  and  hear  sermon.  John  Knox  (either  doubting 
his  sincerity  or  favouring  the  faction  of  the  noblemen)  fell 
upon  him  with  a  bitter  reproof ;  for  which  bemg  cited  before 
the  queen  and  council,  he  not  only  stood  to  that  he  had 
spoken,  but  added,  that,  as  the  king  for  her  pleasure  had 
gone  to  mass  and  dishonoured  the  Lord  God,  so  should  he 
in  his  justice  make  her  the  instrument  of  his  ruin.  The 
queen,  incensed  with  this  answer,  burst  forth  into  tears, 
whereupon  he  was  inhibited  preaching  by  the  council,  and 
silenced  for  some  months.  Mr  John  Craig  (who  a  httle  be- 
fore was  brought  to  Edmburgh),  because  of  the  prohibition 
given  to  his  colleague,  refused  to  do  any  service  there,  which 
put  the  people  in  a  stir ;  yet  upon  better  advice  he  was  moved 
to  continue  in  his  charge. 

In  the  end  of  August  the  king  and  queen,  accompanied 
with  five  thousand  or  thereabouts,  went  to  Glasgow  to  pursue 
the  lords.  They  removing  from  Paisley  to  Hamilton,  an 
herald  was  sent  thither  to  summon  the  castle,  which  they 


32  THE   HISTORY   OF  THE  [a.  D.   1504. 

denied  to  render,  giving  out  that  they  would  try  the  matter 
in  battle  the  next  day.  But  the  manifold  distractions  amongst 
themselves  did  let  this  resolution,  and  divers  falling  away^ 
from  their  side,  they  went  to  Edinburgh,  where  supposing  to 
find  assistance,  the  captain  of  the  castle  forced  them  by  his 
continual  playing  on  the  town  to  quit  it.  After  which  they 
took  their  course  to  Dumfries,  allured  by  the  fair  promises 
of  John  Maxwell,  lord  Herries. 

A  new  expedition  upon  this  was  concluded,  and  the  lieges 
warned  to  meet  at  Biggar  the  ninth  of  October.  In  the 
mid  time  the  king  and  queen,  leaving  the  earl  of  Lennox 
lieutenant  in  the  west  parts,  made  a  progress  through  Fife, 
to  punish  those  that  had  assisted  the  lords.  The  lairds  of 
Grange,  Balcomie,  Pitmillie  and  Ramornie  were  fugitive, 
some  others  of  meaner  sort  taken  prisoners,  and  the  towns  of 
Perth,  Dundee,  and  St  Andrews  fined  in  great  sums.  This 
done  they  returned  to  Edinburgh,  and  from  thence  went  into 
Dumfries,  where  the  lords  had  staid  aU  that  while.  The 
Lord  Herries  pretending  to  make  their  peace,  concluded  his 
own,  advising  them  to  fly  into  England,  as  they  did.  Thither 
went  the  duke  of  Chatelherault,  the  earls  of  Murray,  Glen- 
carne,  and  Rothes,  the  Lord  Ochiltrie,  the  commendatory  of 
Kilwinning,  and  divers  others  of  good  note.  A  few  days 
they  abode  in  Carlisle  with  the  earl  of  Bedford,  lieutenant  at 
that  time  in  the  north.  Then  going  to  Newcastle,  they  sent 
the  earl  of  Murray  to  the  English  court,  to  entreat  the 
queen's  intercession  for  them.  She  incontinent  despatched 
a  gentleman  of  her  privy-chamber,  named  Tamworth,  with 
letters  to  the  queen  of  Scots,  requesting  that  Murray  and 
the  rest  might  be  received  into  favour.  The  gentleman  not 
vouchsafing  to  give  her  husband  the  title  of  a  king,  nor 
bringing  any  commission  to  him,  was  denied  presence,  and 
had  his  answer  delivered  him  in  writing,  to  this  efi'ect : 
That  Queen  Elizabeth  should  do  well  to  have  no  meddling 
with  the  subjects  of  Scotland,  but  leave  them  to  their  princes' 
discretion,  seeing  neither  she  nor  her  husband  did  trouble 
themselves  with  the  causes  of  her  subjects. 

The  duke  perceiving  that  by  these  means  their  peace  would 
not  be  hastily  made,  and  knowing  his  reconcilement  to  be 
more  easy,  resolved  to  sever  his  cause  from  the  rest,  and 
sent  the  abbot  of  Kilwinning  to  entreat  favour  to  himself  and 


A.  D.  1564.]  CHURCH  or  SCOTLAND.  33 

his  friends,  which  he  easily  obtained,  for  he  was  known  to 
be  nothing  so  guilty  as  the  others,  and  to  have  been  craftily 
drawn  upon  that  faction ;  so  he  returned  into  Scotland  in 
December  following. 

In  this  month  a  General  Assembly  of  the  Church  convened 
again  at  Edinburgh,  where  the  answer  made  by  the  queen 
to  their  last  petitions  was  presented,  and  replied  unto  by  the 
same  Assembly  in  this  manner.  First,  they  said,  "  That  it 
was  no  small  grief  to  the  hearts  of  good  and  Christian  sub- 
jects to  hear,  that  notwithstanding  the  evangel  of  Christ  had 
been  so  long  preached  in  the  realm,  and  his  mercy  so  plainly 
offered,  her  majesty  should  yet  continue  unpersuaded  of  the 
truth  of  that  religion  which  they  preached  and  professed,  it 
being  the  same  which  Christ  Jesus  had  revealed  to  the  world, 
which  he  commanded  his  apostles  to  preach,  and  ordained  to 
be  received  of  all  the  faithful,  and  firmly  retained  by  them 
until  his  second  coming ;  a  religion  that  had  God  the  Father, 
his  only  Son  Christ  Jesus,  and  the  Holy  Spirit  for  the  authors 
thereof,  and  was  most  clearly  grounded  upon  the  doctrine 
and  practice  as  well  of  the  prophets  as  apostles,  which  no 
other  religion  upon  the  face  of  the  earth  could  justly  allege 
or  prove.  For  whatsoever  assurance  the  Papist  had  or 
could  allege  for  his  profession,  the  same  the  Turk  had  for  his 
Alcoran,  and  the  Jews  more  probably  might  allege  for  their 
rites  and  traditions,  whether  it  be  antiquity  of  time,  or  con- 
sent of  people,  or  authority  of  princes,  or  multitudes  and 
numbers  of  professors,  or  any  the  like  cloaks  they  do  pretend. 
Wherefore  in  the  name  of  the  eternal  God  (with  the  rever- 
ence that  became  them),  they  required  her  highness  to  use 
the  means  whereby  she  might  be  persuaded  of  the  truth,  such 
as  the  preaching  of  the  Word  of  God,  the  ordinary  mean 
that  he  hath  appointed  for  working  knowledge  and  begetting 
faith  in  the  hearts  of  his  chosen  ones,  conference  with  learned 
men,  and  disceptation  with  the  adversaries,  which  they  were 
ready  to  offer,  when  and  where  her  grace  should  think  ex- 


Next,  where  she  could  not  beheve  any  impiety  to  be  in 
the  mass,  they  made  offer  "  to  prove  the  whole  mass  from  the 
beginning  to  the  ending  to  be  nothing  else  but  a  mass  of  im- 
piety, and  that  the  priest  his  action,  the  opinion  which  the 
hearers  or  rather  the  gazer  upon  it  had  of  the  same,  were 

VOL.  n.  3 


34  THE  HISTOKY  OF  THE  [a.  D.   1564. 

blasphemous  and  grossly  idolatrous."  And  where  her  ma- 
jesty said,  "  That  if  she  should  alter  her  religion,  she  should 
lose  the  friendship  of  France  and  other  princes  with  whom 
she  was  confederated ;"  they  to  the  contrary  did  assure  her, 
"  That  true  religion  is  the  only  bond  that  joineth  men  with 
God,  who  is  the  King  of  kings,  and  hath  the  hearts  of  all 
princes  in  his  hands,  whose  favour  ought  to  be  unto  her  more 
precious  than  the  favour  of  all  the  princes  on  earth,  and  with- 
out which  no  friendship  or  confederacy  could  possibly  endure." 
Thirdly,  touching  her  answer  to  the  article  for  sustenta- 
tion  of  the  ministry,  they  show,  "  It  was  never  their  mean- 
ing, that  her  majesty  or  any  other  patron  should  be  defrauded 
of  their  just  rights.  Only  they  desired,  when  any  benefice 
was  void,  that  a  qualified  person  should  be  presented  to  the 
superintendent  of  the  bounds,  to  be  tried  and  examined  by 
him.  For  as  the  presentation  belongeth  to  the  patron,  so 
doth  the  collation  pertain  to  the  Church.  Otherwise,  were 
it  in  the  patrons'  power  simply  to  present  whom  they  pleased, 
without  trial  or  examination,  there  should  be  no  order  in  the 
Church,  and  all  be  filled  with  ignorance  and  confusion." 

Fourthly,  to  that  which  her  majesty  spake  of  retaining  a 
great  part  of  the  benefices  iu  her  own  hand,  they  answered, 
"  That  such  doing  was  against  the  law  both  of  God  and  man, 
and  could  not  stand  with  a  good  conscience,  seeing  it  tendeth 
to  the  destruction  of  many  poor  souls  that  by  this  means 
should  be  defrauded  of  instruction."  And  for  the  offer  she 
made  to  provide  the  ministry  by  assignations  in  places  most 
commodious,  her  own  necessities  being  first  supphed,  they 
said,  "  That  good  order  did  require  ministers  first  to  be 
provided,  schools  for  instructing  the  youth  maintained,  the 
fabric  of  churches  repaired  and  uphold,  and  the  poor  and  in- 
digent members  of  Christ  sustained ;  all  which  ought  to  bo 
furnished  out  of  the  tithes,  which  are  the  proper  patrimony 
of  the  Church.  These  things  done,  if  any  thing  were  re- 
maining, that  her  majesty  and  council  might  uso  it  as  they 
should  think  expedient."  In  end,  giving  thanks  to  her 
majesty  for  the  offer  of  assignations,  they  humbly  desired  the 
general  offer  to  be  made  more  particular,  and  that  it  might 
please  her  to  reform  the  answer  given  to  the  articles  of  the 
Church  in  all  the  aforesaid  points. 

After  this  sort  did  the  Church  insist  with  the  queen,  but 


A.  D,  1565.]  CHURCH  OF  SCOTLAND.  35 

•with  small  success.  For  the  provision  of  ministers  some  small 
supply  was  obtained,  but  in  the  point  of  rehgion  they  found 
no  contentment.  During  the  rest  of  this  winter  matters  were 
quiet,  but  the  next  year  had  a  foul  beginning.  Seigneur 
Davie,  who  governed  all  affairs  at  court,  and  had  only  the 
queen's  ear,  bemg  slain  upon  the  occasion,  and  after  the 
manner  you  shall  hear.  There  had  fallen  out,  a  little  before, 
some  private  discontents  betwixt  the  king  and  queen,  where- 
upon first  she  caused  change  the  order  which  was  kept  in  the 
proclamations  and  public  records,  placing  the  name  of  her 
husband  after  her  own  name,  that  the  royal  authority  might 
be  known  to  belong  unto  herself  wholly.  And  after  a  little 
time,  upon  a  colour  that  the  despatch  of  business  Avas 
much  hindered  through  the  king's  absence,  she  had  ap- 
pointed, instead  of  his  hand,  a  cachet  to  be  used  in  the  sign- 
ing of  letters,  which  was  committed  to  the  custody  of  Seigneur 
Davie.  This  being  noted  (as  there  are  never  wanting  some 
in  court  to  stir  the  coals),  divers  tales  were  brought  to  the 
Idng  of  the  neglect  and  contempt  that  he  was  held  in,  and  of 
the  great  respect  carried  to  the  stranger.  The  vanity  and 
arrogancy  of  the  man  himself  was  likewise  so  great,  as  not 
content  to  exceed  the  chief  of  the  court,  he  would  outbrave 
the  king  in  his  apparel,  in  his  domestic  furniture,  in  the  num- 
ber and  sorts  of  his  horses,  and  in  every  thing  else,  so  as  no 
speech  was  for  the  time  more  common  and  current  in  the 
country  than  that  of  Davie's  greatness,  of  the  credit  and 
honour  whereunto  he  was  risen,  and  of  the  small  account 
that  was  taken  of  the  king.  This  the  king  taking  to  heart, 
he  did  open  his  grief  unto  his  father,  who  advised  him  to 
assure  the  nobihty  at  home  and  to  recall  those  that  were 
banished  into  England,  which  done,  he  might  easily  correct 
the  insolency  and  aspiring  pride  of  that  base  fellow. 

A  parhament  being  then  called  to  meet  at  Edinburgh  the 
twelfth  of  March,  for  pronouncing  sentence  of  forfeiture 
against  the  earls  of  Murray,  Glencarne,  Argyle,  Rothes,  and 
the  other  noblemen  that  were  fled  into  England,  as  the  time  of 
meeting  drew  nigh,  the  queen  laboured  earnestly  to  have  the 
process  laid  against  them  found  good,  and  that  matters 
might  go  to  her  mind,  she  designed  Davie  to  exercise  the 
office  of  chancellor  in  that  meeting.  The  earl  of  Morton, 
who  after  Huntly's  death  had  suppHed  the  place  unto  that 


36  THE  HISTORY  OF  THE  [a.  D.   15G5. 

time,  inter jjre ting  this  as  a  disgrace  offered  unto  him,  dealt 
with  the  king  (with  whom  he  was  grown  familiar),  to  make 
him  sensible  of  his  own  contempt  and  misregard  ;  and  find- 
ing him  apprehensive  enough  tliat  way,  drew  him  to  a  meet- 
ing in  the  Lord  Ruthven's  lodging,  upon  pretext  of  visiting 
the  nobleman  who  lay  then  diseased  ;  where  breaking  forth 
in  a  speech  of  the  present  misgovernment,  the  blame  of  all 
was  cast  upon  the  king  as  having  for  the  pleasure  of  a 
wicked  villain  chased  his  cousins  and  best  friends  out  of  the 
realm,  and  helped  to  raise  a  base  fellow  to  such  a  height  of 
credit  as  now  himself  was  become  by  him  despised.  The 
king,  that  could  not  deny  it  to  be  his  fault  in  a  great  part, 
professed  his  readiness  to  join  with  them  for  remedying  those 
evils,  and  from  thenceforth  promised  to  do  nothing  but  by 
the  consent  of  the  nobility.  Yet  they  not  esteeming  it  safe 
to  trust  his  promises,  whom  they  knew  to  be  facile  and  some- 
what uxorious,  lest  afterwards  he  should  go  from  that  agree- 
ment, did  exhibit  to  him  a  bond  in  writing,  wherein  they  were 
all  sworn  to  join  for  maintaining  rehgion,  reducing  the  noble- 
men lately  exiled,  and  making  Davie  out  of  the  way.  Unto 
tills  the  king  did  willingly  set  his  hand,  and  with  him  sub- 
scribed the  earl  of  Morton,  the  Lords  Ruthven  and  Lindsay, 
for  he  also  was  present  and  upon  the  plot. 

The  night  following,  because  matters  could  not  be  long  kept 
close,  and  needful  itAvas  to  go  presently  through  with  the  de- 
signby  reason  of  the  parhament  approaching,  they  prepared  to 
execute  the  same.  Morton,  whose  forces  were  greatest,  was 
appointed  to  guard  the  outer  court  of  the  palace,  if  perhaps 
any  stir  should  be  made.  For  there  lodged  within,  the  carls 
of  Huntl}^  Athole,  Bothwell,  Sutherland,  and  Caithness, 
with  the  Lords  Fleming  and  Livingstone,  a  force  to  have  re- 
sisted any  sudden  attempt.  The  Icing  taking  the  Lord  Ruth- 
ven with  him,  who  Avas  but  lately  recovered  of  a  fever,  and  fol- 
lowed with  four  or  five  men  at  most,  entered  into  the  room 
where  the  queen  sat  at  supper.  Ruthven  seeing  Davie  at 
the  table  (for  the  queen  was  accustomed  when  she  supped  pri- 
vate to  admit  others  to  sit  by  her,  and  that  night  the  countess 
of  Argyle,  and  beneath  her  Davie  was  placed),  commanded 
him  to  arise  and  come  forth,  for  the  place  where  he  sat  did 
not  beseem  him. 

The  queen,  starting  up  hastily,  went  between  Davie  and 


A.  D.  1565.]  CHURCH  OF  SCOTLAND.  37 

Ruthven  to  defend  him  ;  and  Davie  clasping  his  hands  about 
her  middle,  the  king  laboured  to  loose  them,  willing  her  not 
to  be  afraid,  for  that  they  were  come  only  to  take  order  with 
that  villain.  But  he,  loath  to  quit  his  defence,  one  of  the 
company  held  a  pistol  at  her,  which  made  him  forsake  his 
grip.  Then  was  he  dragged  down  the  stairs  to  the  gallery 
where  Morton  with  his  company  was  walking.  There  they 
fell  upon  him,  and  striving  who  should  give  the  first  stroke, 
killed  him  with  many  wounds. 

It  was  constantly  reported  that  he  had  warning  given  him 
oftener  than  once  by  John  Damiott,  a  French  priest,  who  was 
thought  to  have  some  skill  in  magic,  to  do  his  business  and 
be  gone,  for  that  he  could  not  make  good  his  part ;  and  that 
he  answered  disdainfully,  "  The  Scots  are  given  more  to 
brag  than  to  fight."  Some  few  days  again  before  his  death, 
being  warned  by  the  same  priest  to  take  heed  of  the  bastard, 
he  replied,  "  That  whilst  he  lived,  the  bastard  should  not 
have  credit  in  Scotland  to  do  him  any  hurt."  For  he  took 
the  earl  of  Murray  to  be  the  man  of  whom  he  was  advertised 
to  take  heed.  But  that  prediction  either  fulfilled  or  eluded, 
the  first  stroke  was  given  him  by  George  Douglas,  base  son 
to  the  earl  of  Angus ;  after  whom  such  others  as  were  in 
place,  either  serving  their  private  malice  or  desiring  to  be 
esteemed  associates  m  that  conspiracy,  inflicted  every  man 
his  wound,  till  he  was  despatched.  Yet  had  they  no  com- 
mandment from  the  contrivers  so  to  kill  him,  it  being  their 
purpose  to  have  brought  him  to  public  execution,  which  they 
knew  would  have  been  to  all  the  people  a  most  grateful 
spectacle.  And  good  it  had  been  for  them  so  to  have  done, 
or  then  to  have  taken  him  in  another  place  and  at  another 
time,  than  in  the  queen's  presence.  For  besides  the  great 
peril  of  abortion  which  her  fear  might  have  caused,  the  false 
aspersions  cast  upon  her  fame  and  honour  by  that  occasion 
were  such  as  she  could  never  digest,  and  drew  on  all  the 
pitiful  accidents  that  afterwards  ensued.  The  queen  burst- 
ing forth  in  many  tears,  after  a  great  chiding  she  kept  with 
the  Lord  Ruthven,  sent  one  of  her  maids  to  inquire  what  was 
become  of  Davie,  who,  quickly  returning,  told  that  he  was 
killed ;  having  asked  her  how  she  knew  it,  the  maid  an- 
swered that  she  had  seen  him  dead.  Then  the  queen,  wipino- 
her  eyes  with  her  handkerchief,  said,  "No  more  tears ;  I  will 


38  THE  HISTORY  OF  THE  [a.  D.   1565. 

think  upon  a  revenge."  Neither  was  she  seen  after  that 
any  more  to  lament. 

The  rumour  of  this  deed  ran  soon  through  the  town,  where- 
upon the  people  did  arm  and  go  to  the  palace.  But  they 
were  pacified  by  the  king,  who,  calling  to  them  from  a 
window,  showed  that  the  queen  and  he  were  well,  and  that 
they  needed  not  to  fear,  because  that  Avhich  was  done  was 
done  by  his  own  commandment.  The  noblemen  that  lodged 
within  the  palace  were  charged  to  keep  within  their  cham- 
bers ;  yet  the  Lords  Huntly  and  Bothwell  escaped  the  same 
night  by  a  window  at  the  back  of  the  palace.  Athole  and  the 
rest  had  Ucense  to  depart  the  next  morning.  Upon  Tuesday 
thereafter  (for  the  slaughter  was  committed  upon  Saturday 
the  ninth  of  March),  the  earls  of  Murray  and  Rothes,  with 
those  that  were  exiled  in  England,  returned  to  Edinburgh  ; 
and  going  first  to  the  parliament-house,  took  documents 
that  they  were  ready  to  answer  the  summons  of  forfeiture 
directed  against  them,  and  that  none  did  insist  to  pursue. 

In  this  doubtful  estate  of  things,  the  queen,  not  knowing 
whom  to  trust,  sent  for  her  brother  the  carl  of  Murray, 
and  having  conferred  familiarly  a  while  with  him,  by  his 
means  had  her  servants  and  guards  restored  ;  for  after  the 
slaughter  they  were  all  put  from  her.  The  night  following 
she  went  from  the  palace  to  Seaton,  and  from  thence  to 
Dunbar,  taking  the  king  with  her  in  company  ;  who  repent- 
ing the  fact,  and  forsaking  the  other  conspirators,  did  openly 
by  sound  of  trumpet  at  the  market-cross  of  Edinburgh  pro- 
test his  innocency,  denying  that  ever  he  gave  his  consent  to 
any  thing,  but  to  the  returning  of  the  lords  that  were  ban- 
ished in  England.  Yet  was  the  contrary  known  to  all  men, 
so  as  this  served  only  to  the  undoing  of  his  reputation,  and 
made  him  find  few  or  no  friends  thereafter  to  aid  him  in  his 
necessity. 

Upon  the  queen's  departing,  the  conspirators  and  whoso- 
ever were  thought  privy  thereto,  fled  some  to  England, 
others  to  the  borders  and  higldands,  and  such  a  change  you 
should  have  seen,  as  they  who  the  night  preceding  did  vaunt 
of  the  fact  as  a  goodly  and  memorable  act,  affirming,  some 
truly,  some  falsely,  that  they  were  present  thereat,  did  on 
the  morrow  forswear  all  that  before  they  had  affirmed.  The 
earl  of  Morton,  with  the    Lords  Ruthven,    Lindsav,  and 


A.  D.  1565,]  CHURCH  OF  SCOTLAND.  39 

young  Lethington,  remained  at  Newcastle  in  England,  where 
the  Lord  Ruthven  falling  again  in  the  fever,  departed  this 
life.  Mr  James  Macgill,  clerk  of  register,  with  divers  citi- 
zens of  Edinburgh  that  were  esteemed  favourers  of  the  fact, 
left  the  town  and  lurked  privately  amongst  their  friends. 
After  some  four  days'  stay  at  Dunbar,  the  queen  returned 
to  Edinburgh,  accompanied  with  many  of  the  nobihty,  and 
then  began  inquisition  to  be  made  for  the  murderers.  Thomas 
Scot,  sheriif-deputo  of  Perth,  and  servant  to  the  Lord  Ruth- 
ven, with  Sir  Henry  Yair,  sometime  a  priest,  being  appre- 
hended, were  after  trial  hanged  and  quartered.  William 
Hai'law  and  John  Mowbray,  burgesses  of  Edinburgh,  con- 
victed and  brought  to  the  place  of  execution,  had  their  lives 
spared  by  the  intercession  of  Bothwell.  The  lairds  of  Cal- 
der,  Ormiston,  Halton,  Elphingston,  Brunston,  Whitting- 
ham,  Shirrefshall,  and  many  others  being  cited  as  conscious 
of  the  murder,  for  not  appearing,  were  denounced  rebels. 
The  office  of  the  clerk -register  was  conferred  upon  Sir  James 
Balfour,  and  a  conclusion  taken  in  council  that  they  who 
should  be  tried  to  have  either  devised  or  to  have  been  actual 
committers  of  the  said  murder,  should  be  pursued  by  order 
of  justice,  and  the  same  executed  with  all  severity  :  but  that 
the  commons  and  others  that  came  to  the  palace  accidentally, 
should  upon  their  supplication  be  used  with  more  clemency. 
In  all  this  proceeding  there  was  none  more  earnest  or  for- 
ward than  the  king  ;  notwithstanding  whereof  the  hatred  of 
the  fact  lay  heavy  upon  liim,  nor  could  he  ever  after  this  time 
recover  his  former  favour  with  the  queen.  The  rest  after  a 
httle  time  were  reconciled ;  Lethington  by  the  means  of 
Athole  was  first  called  home,  albeit  Bothwell  did  strongly 
oppose  it.  The  barons  dressed  for  themselves,  by  means  of 
their  friends  that  were  in  credit.  Morton  and  Lindsay  in 
the  winter  following  were  pardoned  at  the  request  of  the 
earls  of  Huntly  and  Argyle. 

Now  the  time  of  the  queen's  lying  in  drew  nigh ;  where- 
upon the  council  meeting  to  advise  upon  the  place  where  her 
majesty  should  stay,  made  choice  of  the  castle  of  Edinburgh, 
as  the  part  most  commodious,  and  ordained  the  earl  of  Arran, 
who  was  there  kept  prisoner,  to  be  removed  to  the  castle  of 
Hamilton,  with  liberty  to  travel  by  the  space  of  two  miles 
about,  providing  he  should  do  nothing  to  the  prejudice  of  his 


40  THE   HISTORY  OF  THE  [a.  D.   1560. 

house,  and  enter  himself  upon  twenty  days'  warning  in  the 
castles  of  Edinburgh,  Dunbar,  and  Dumbarton,  or  any  of 
them  ;  for  observance  whereof  the  earls  of  Murray  and 
Glencarne  became  sureties. 

The  queen  at  her  first  entry  into  the  castle  did  feast  the 
nobility,  and  made  them  all  friends.  Argyle,  JNIurray,  and 
Athole  had  lodgings  assigned  them  within  the  castle  ;  Huntly, 
Bothwell,  and  others  of  the  nobihty  remained  in  the  town. 
The  nineteenth  of  June,  betwixt  nine  and  ten  of  the  clock  in 
the  evening,  she  was  brought  to  bed  of  a  son,  to  the  exceed- 
ing joy  of  the  subjects,  for  which  the  nobles  and  whole 
people,  assembled  the  next  day  in  the  church  of  St  Giles, 
gave  solemn  thanks  to  God.  Presently  was  Su*  James 
Melvil  sent  to  carry  the  news  to  the  queen  of  England,  who 
to  congratulate  her  safe  and  happy  delivery  sent  Sir  Henry 
Kilhgrew  to  Scotland  by  post.  The  Assembly  of  the  Church, 
convened  the  same  time  in  Edinburgh,  sent  the  superin- 
tendent of  Lothian  to  testify  their  gladness  for  the  prince's 
birth,  and  to  desire  that  he  should  be  baptized  according  to 
the  form  used  in  the  Reformed  Church.  To  this  last  she 
gave  no  answer ;  otherwise  the  superintendent  and  his  com- 
mission were  graciously  accepted.  The  queen  calling  to 
bring  the  infant,  that  the  superintendent  might  see  him,  he 
took  him  in  his  arras,  and  faUing  upon  his  knees  conceived  a 
short  and  pithy  prayer,  which  was  very  attentively  heard 
by  her  :  having  closed  his  prayer,  he  spake  to  the  babe,  and 
willed  him  to  say  Amen  for  himself ;  which  she  took  in  so 
good  part,  as  continually  afterwards  she  called  the  superin- 
tendent her  Amen.  This  story  told  to  the  prince  when  he 
came  to  years  of  understanding,  he  always  called  him  his 
Amen ;  and  whilst  he  lived  did  respect  and  reverence  him 
as  his  spiritual  father. 

The  queen  waxing  strong  went  by  water  to  Alloa,  a 
house  pertaining  to  the  carl  of  Mar,  and  kept  private  a 
few  days.  In  that  place  brake  out  first  her  displeasure 
against  the  king  her  husband  ;  for  he  following  her  thither, 
was  not  suffered  to  stay,  but  commanded  to  be  gone ;  and 
when  at  any  time  after  he  came  to  court,  his  company  was 
so  loathsome  unto  her,  as  all  men  perceived  she  had  no 
pleasure  nor  content  in  it.  Such  a  deep  indignation  had 
possessed  her  mind,  because  of  the  disgrace  oftered  to  her  in 


A.  D.  1566.]  CHURCH  OF  SCOTLAND.  41 

the  slaughter  of  her  servant  Davie,  the  envy  whereof  was 
all  laid  upon  the  king,  as  she  could  never  digest  it. 

Secretary  Lethington  (who  by  his  subtle  flatteries  was 
crept  again  into  favour)  did  wickedly  foster  this  passion,  by 
putting  in  her  head  a  possibihty  of  divorce  from  the  king, 
which  he  said  was  an  easy  work,  and  a  thing  that  might  be 
done,  only  by  abstracting  the  pope's  dispensation  of  their 
marriage ;  and  the  Earl  Bothwell  (a  man  sold  to  all  wicked- 
ness) did  likewise  by  himself  and  by  his  instruments  (of  whom 
Sir  James  Balfour  Avas  the  chief)  take  all  occasions  to  incense 
her,  and,  by  exaggerating  the  king's  ingratitude  towards 
her,  wrought  her  mind  to  an  hatred  implacable. 

In  the  beginning  of  October  the  queen  went  to  Jedburgh, 
to  keep  some  justice  courts,  where  she  fell  dangerously  sick  : 
the  king  coming  there  to  visit  her,  had  no  countenance  given 
him,  and  was  forced  to  depart.  At  her  return  from  the 
borders,  being  in  Craigmillar,  Lethington  renewing  the  pur- 
pose of  divorce  in  the  hearing  of  the  earls  of  Argyle  and 
Huntly,  did  persuade  her  to  take  some  course  for  her 
separation  from  the  king,  seeing  they  could  not  live  together 
in  Scotland  with  security.  The  queen  asking  him  how  that 
could  be  done  without  some  blemish  to  her  honour,  he  re- 
plied, that  none  would  think  ill  of  her  part  therein,  she  being 
so  ungratefully  used  by  him  ;  but  that  all  might  know  the  mur- 
der of  Davie  to  have  been  his  fact,  her  majesty  should  do  well 
to  pardon  the  lords  that  were  fled  to  England,  and  call  them 
home.  "  Nay,"  said  the  queen,  "  I  will  rather  have  matters 
to  continue  as  they  arc,  till  God  remedy  them."  Yet  within 
few  days  Morton  and  Lindsay  were  recalled  at  the  entreaty 
of  the  earls  of  Argyle  and  Huntly,  as  was  touched  before. 

Preparation  was  then  making  for  the  baptism  of  the  prince, 
who  about  the  end  of  August  had  been  transported  to  Stir- 
ling. To  honour  this  solemnity  the  Count  de  Briance  was 
sent  ambassador  from  the  French  king,  Monsieur  le  Croke 
from  the  duke  of  Savoy,  and  the  earl  of  Bedford  from  the 
queen  of  England,  who  brought  with  him  a  font  of  gold 
weighing  two  stone  weight,  with  a  basin  and  laver  for  the 
baptism.  At  the  day  appointed  for  the  solemnity  (which 
was  the  fifteenth^  of  December)  they  all  convened  in  the 

'  [The  proper  date  of  the  baptism,  however,  is  the  seventeenth,  according  to 
Knox  and  Bishop  Keith.  The  latter  author  says  "  this  was  the  1 7  day  of  the  month ; 


42  THE  HISTORY  OF  THE  [a.  D.  15GG, 

castle  of  Stirling.  The  prince  was  carried  by  the  French 
ambassador,  walking  betwixt  two  ranks  of  barons  and  gentle- 
men that  stood  in  the  way  from  the  chamber  to  the  chapel, 
holding  every  one  a  priket  of  wax  in  their  hands.  The  earl 
of  Athole  went  next  to  the  French  ambassador,  bearing  the 
great  sierge  of  wax.  The  earl  of  Eglinton  carried  the  salt, 
the  Lord  Sempill  the  rude,  and  the  Lord  Ross  the  basin  and 
laver  :  all  these  were  of  the  Roman  profession.  In  the  entry 
of  the  chapel,  the  prince  was  received  by  the  archbishop  of 
St  Andrews,  whose  collaterals  were  the  bishops  of  Dunkeld, 
Dunblane,  and  Ross :  there  followed  them  the  prior  of 
Whithern,  sundry  deans  and  archdeans,  with  the  gentlemen 
of  the  chapel,  in  their  several  habits  and  copes.  The  coun- 
tess of  Argyle  by  commission  from  the  queen  of  England  did 
hold  up  the  prince  at  the  font,  where  the  archbishop  did  ad- 
minister the  baptism  with  all  ceremonies  accustomed  in  the 
Roman  Church,  the  spittle  excepted,  which  the  queen  did 
inhibit.  The  earl  of  Bedford  entered  not  in  the  chapel  dur- 
ing the  service ;  and  without  the  doors  stood  all  the  noble- 
men professors  of  the  reformed  religion.  The  rites  per- 
formed, the  prince  was  proclaimed  by  his  name  and  titles, 
Charles  James,  prince  and  Stewart  of  Scotland,  duke  of 
Rothesay,  earl  of  Carrick,  lord  of  the  Isles,  and  baron  of 
Renfrew.  Then  did  the  music  begin,  which  having  con- 
tinued a  good  space,  the  prince  was  again  conveyed  to  his 
chamber. 

It  was  night  before  the  solemnity  took  end,  for  it  was 
done  in  the  afternoon.  The  feasting  and  triumphal  sports 
that  followed  were  kept  some  days  Avitli  exceeding  cost  and 
magnificence ;  yet  the  content  the  people  received  thereby 
was  nothing  so  great  as  their  offence  for  tlie  king's  neglect ; 
for  neither  was  he  admitted  to  be  present  at  the  baptism,  nor 
suffered  to  come  unto  the  feast.  To  some  his  ill  disposition 
was  given  for  an  excuse ;  others  more  scornfully  were  told 
that  his  fashioners  had  not  used  the  diligence  they  ought  in 

so  that  I  was  led  into  tho  mistake  of  fixing  this  solemnity  to  the  loth  day  by  tho 
proclamation  emitted  on  the  M,  which  I  reckoned  to  have  been  precisely  the  day 
before  tho  baptism,  especially  since  Archbishop  Spottiswood  gives  the  15th  for 
the  day.  But  this  sure  instruction  contained  in  this  letter  (Irom  Mon.  lo  Croc, 
the  French  ambassador  in  Scotland,  to  the  Archbishop  of  Glasgow)  by  naming 
the  day  of  the  week,  is  an  undoubted  testimony  for  Mr  Knox,  who  relateth  that 
the  prince  was  baptized  on  the  17th  of  December."— Keith,  p.  vii.— E.] 


A.  D.  1566.]  CHURCH  OF  SCOTLAND.  43 

preparing  his  appai-el.  Meanwhile  the  ambassadors  had  a 
watchword  given  them,  not  to  see  nor  salute  him.  And  such 
of  the  nobility  as  were  known  to  bear  him  any  favour,  or  out 
of  their  compassion  did  vouchsafe  him  a  visit,  were  frowned 
upon  by  the  court.  His  father  advertised  of  these  things, 
sent  for  him  to  come  unto  Glasgow,  where  he  then  remained  ; 
but  scarce  was  he  past  a  mile  from  Stirling,  when  a  vehe- 
ment pain  seized  on  all  the  parts  of  his  body,  which  at  his 
coming  to  Glasgow  was  manifestly  perceived  to  proceed  of 
poison  that  treacherously  had  been  ministered  unto  him  :  for 
through  all  his  body  brake  out  bUsters  of  a  bluish  colour, 
with  such  a  dolour  and  vexation  in  all  his  parts,  as  nothing 
but  death  was  a  long  time  expected.  Yet  his  youth  and 
natural  strength  vanquishing  the  force  of  the  poison,  he 
began  a  little  to  convalesce,  and  put  his  enemies  to  other 
shifts,  wherein  shortly  after  (but  to  their  own  undoing)  they 
prevailed. 

The  report  of  what  passed  at  Stirling  coming  to  Edin- 
burgh, where  the  Assembly  of  the  Church  was  then  gathered, 
did  greatly  offend  the  better  sort ;  yet  nothing  grieved 
them  so  much,  as  a  commission  granted  to  the  archbishop  of  St 
Andrews,  whereby  he  was  reponed  to  his  ancient  jurisdiction  in 
confirming  testaments,  giving  collation  to  benefices,  and  other 
such  things  as  were  judged  in  the  spiritual  courts.  The  As- 
sembly taking  this  greatly  to  heart,  ordained  a  supplication 
to  be  made  to  the  nobihty  and  lords  of  secret  council,  "  pro- 
fessing Christ  with  them,  and  who  had  renounced  the  Roman 
Antichrist,"  (I  use  the  words  of  the  superscription)  for  imped- 
ing the  said  commission,  and  letting  it  to  take  effect.  In 
this  supplication  they  said,  "  That  the  causes  judged  in  these 
courts  did  for  the  most  part  pertain  to  the  true  Church; 
and  that  howsoever,  in  hope  of  some  good  effect  to  have  fol- 
lowed, the  Church  had  overseen  the  commission  granted  by 
the  queen  in  these  matters  to  men  who  for  the  greater 
number  were  of  their  own  profession,  they  would  never  be 
content  that  he,  whom  they  knew  to  be  an  enemy  to  Christ 
and  his  truth,  should  exerce  that  jurisdiction,  seeing  under 
the  colour  thereof  he  might  usurp  again  his  old  authority, 
and  take  upon  him  the  judgment  of  heresy,  in  which  case 
none  could  be  ignorant  Avhat  his  sentence  would  be :  where- 
fore their  desire  was,  the  queen  should  be  informed  that  this 


44  THE  HISTORY  OF  THE  [a.  D.  1566. 

was  a  violation  of  the  laws  of  the  realm,  and  the  setting  up 
again  of  the  Roman  Antichrist,  whose  authority  and  usurped 
power  in  an  open  and  free  parliament  had  been  condemned, 
which  her  majesty  also  at  her  first  arriving  into  this  realm, 
and  since  that  time  by  divers  proclamations,  had  expressly 
forbidden  to  be  acknowledged.  Hereof,  they  said,  if  their 
honours  should  plainly  and  boldly  admonish  the  queen,  using 
that  reverence  which  was  due  from  subjects,  and  doing 
nothing  in  a  tumult,  they  did  persuade  themselves  she  would 
do  nothing  against  justice,  and  that  such  tyrants  should  not 
dare  once  to  appear  in  judgment.  But  howsoever  matters 
went,  they  humbly  craved  to  understand  their  minds,  and 
what  they  would  do,  if  it  should  happen  such  wolves  to  in- 
vade the  flock  of  Christ."  This  was  the  sum  of  the  suppUca- 
tion.  I  find  not  what  answer  it  received,  nor  that  the  bishop 
made  any  use  of  his  commission ;  but  the  change  it  seems  which 
shortly  after  happened  in  the  state  did  quite  frustrate  the  same. 
Master  Knox  being  Ucensed  at  this  time  to  visit  his  sons 
who  were  following  their  studies  at  Cambridge,  did  move  the 
Assembly  to  write  unto  the  bishops  of  England  in  fiivour  of 
some  preachers,  who  were  troubled  for  not  conforming  them- 
selves to  the  orders  of  that  church.  Because  it  will  appear 
by  the  letter  in  what  esteem  our  reformers  did  hold  the 
Church  of  England,  and  how  far  they  were  from  accounting 
the  government  thereof  antichristian,  I  thought  meet  to 
insert  the  same  word  by  word. 

"  The  Supermtendent&,  Ministers,  and  Commissioners  of  the 
Church  within  the  Realm  of  Scotland,  to  their  Brethren  the 
Bishops  and  Pastors  of  England,  who  have  renounced  the 
Roman  Antichrist,  and  do  pro/ess  with  them  the  Lord 
Jesus  in  sincerity,  wish  the  increase  of  the  Holy  Spirit. 

"  By  word  and  writing  it  is  come  to  our  knowledge, 
reverend  pastors,  that  divers  of  our  brethren  (amongst 
whom  some  be  of  the  best  learned  within  that  realm)  are 
deprived  from  all  ecclesiastical  function,  and  forbidden  to 
preach,  and  so  by  you  are  stayed  to  promove  the  kingdom  of 
Jesus  Christ,  because  their  conscience  will  not  suffer  them  to 
take  upon  them  at  the  commandment  of  the  authority,  such 
garments  as  idolaters  in  time  of  blindness  have  used  in  their 


A.  D.   1566.]  CHURCH  OF  SCOTLAND.  45 

idolatrous  service ;  which  rumour  cannot  but  be  most  dolo- 
rous to  our  hearts,  considering  the  sentence  of  the  apostle, 
*  If  ye  bite  and  devour  one  another,  take  heed  ye  be  not  con- 
sumed one  of  another.'  We  purpose  not  at  the  present  to 
enter  into  the  question,  which  we  hear  is  agitated  with 
greater  vehemency  by  either  party  than  well  hketh  us,  to 
wit,  whether  such  apparel  is  to  be  accounted  amongst  things 
indifferent  or  not :  but  in  the  bowels  of  Jesus  Christ  we  crave, 
that  Christian  charity  may  so  far  prevail  with  you,  that  are 
the  pastors  and  guides  of  Christ's  flock  iu  that  realm,  as  ye 
do  not  to  others  that  which  ye  would  not  others  did  unto  you. 

"  Ye  cannot  be  ignorant  how  tender  a  thing  conscience  is, 
and  all  that  have  knowledge  are  not  alike  persuaded.  Your 
conscience  stirs  not  with  the  wearing  of  such  things,  but 
many  thousands  both  godly  and  learned  are  otherwise  per- 
suaded, whose  consciences  are  continually  stricken  with  these 
sentences ;  '  What  hath  Christ  to  do  with  BeHal  ?  what  fel- 
lowship is  there  betwixt  Ught  and  darkness  ?'  If  surplice, 
corner-cap,  and  tippet  have  been  the  badges  of  idolaters  in 
the  very  act  of  their  idolatry,  what  have  the  preachers  of 
Christian  liberty  and  the  rebukers  of  superstition  to  do  with 
the  dregs  of  that  Romish  beast  ?  yea,  what  is  he  that  ought 
not  to  fear,  either  to  take  in  his  hand  or  forehead  the  print 
and  mark  of  that  odious  beast  ? 

"  Our  brethren  that  refuse  such  unprofitable  apparel  do 
neither  damn  nor  molest  you  who  use  such  vain  trifles  :  if  ye 
shall  do  the  like  to  them,  we  doubt  not  therein  you  shall 
please  God,  and  comfort  the  hearts  of  many,  wliich  are 
wounded  with  the  extremity  used  against  those  godly  breth- 
ren. Colour  of  rhetoric  or  human  persuasion  we  use  none, 
but  charitably  we  desire  you  to  call  to  mind  the  sentence  of 
St  Peter,  '  Feed  the  flock  of  God  which  is  committed  to  your 
charge,  caring  for  it,  not  by  constraint,  but  willingly  ;  not  as 
being  lords  of  God's  heritage,  but  being  examples  to  the 
flock.'  We  farther  desire  you  to  meditate  upon  that  sentence 
of  the  apostle,  '  Give  not  offence,  either  to  the  Jews,  or  to 
the  Grecians,  or  to  the  Church  of  God.'  In  what  condition 
ye  and  we  both  travail  for  the  promoving  of  Christ's  king- 
dom, ye  are  not  ignorant ;  therefore  we  are  the  more  bold 
to  exhort  you  to  deal  more  wisely  than  to  trouble  the  godly 
for  such  vanities.     For  all  things  which  seem  lawful  edify 


46  THE  HISTOUY  OF  THE  [a.  D,  1566. 

not.  If  the  commandment  of  the  Authority  urge  the  con- 
sciences of  you  and  your  brethren  farther  than  they  can 
bear,  we  pray  you  remember  that  ye  are  called  '  the  light  of 
the  world,  and  the  salt  of  the  earth.'  All  civil  authority 
hath  not  ever  the  light  of  God  shining  before  their  eyes  in 
their  statutes  and  commandments,  but  their  affections  savour 
too  much  sometimes  of  the  earth,  and  of  worldly  wisdom. 
Therefore  we  think  that  ye  ought  boldly  oppone  yourselves, 
not  only  to  all  power  that  dare  extol  itself  against  God,  but 
also  against  all  such  as  dare  burden  the  consciences  of  the  faith- 
ful, farther  than  God  hath  burdened  them  in  his  own  word. 

"  But  we  must  confess  our  offence,  in  that  we  have  entered 
in  reasoning  farther  than  we  purposed  and  promised  in  the 
beginning.  Now  therefore  we  return  to  our  former  humble 
suppUcation,  which  is,  that  our  brethren  who  amongst  you 
refuse  these  Romish  rags  may  find  of  you,  who  are  prelates, 
such  favour,  as  our  head  and  master  commandeth  every  one 
of  his  members  to  show  to  another  :  which  we  look  to  receive 
of  your  humanity,  not  only  because  ye  will  not  offend  God's 
majesty  in  troubhng  of  yoiu'  brethren  for  such  vain  trifles, 
but  also  because  ye  will  not  refuse  the  humble  request  of  us 
your  brethren  and  fellow-preachers ;  in  whom  albeit  there 
appear  no  worldly  pomp,  yet  we  suppose  ye  will  not  so  far 
despise  us,  but  that  ye  will  esteem  us  in  the  number  of  those 
that  fight  against  the  Roman  Antichrist,  and  travail  that  the 
kingdom  of  Jesus  Christ  may  be  every  where  advanced.  The 
days  are  evil,  iniquity  aboundeth,  and  charity  (alas !)  is  waxed 
cold.  Therefore  ought  we  to  watch  the  more  chligently,  for 
the  hour  is  uncertain  when  the  Lord  Jesus  shall  appear;  be- 
fore whom  ye,  your  brethren,  and  we  must  give  an  account  of 
our  administration.  And  thus  in  conclusion  we  once  again 
crave  favour  to  our  brethren ;  which  gi'anted,  ye  shall  com- 
mand us  in  the  Lord  things  of  double  more  importance.  The 
Lord  Jesus  rule  your  hearts  in  his  true  fear  unto  the  end, 
and  give  unto  you  and  us  victory  over  that  conjured  enemy  of 
all  true  religion,  the  Roman  Antichrist,  whose  wounded  head 
Satan  by  all  means  labourcth  to  cure  again  ;  but  to  destruc- 
tion shall  he  and  all  his  maintainors  go  by  the  power  of  our 
Lord  Jesus,  to  whose  mighty  protection  we  heartily  commit 
you.  From  our  General  Assembly  at  Edinburgh  the  twenty- 
seventh  of  December,  1566." 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  47 

To  quiet  the  ministers,  who  were  daily  complaining  of 
their  lack  of  provision,  the  court  made  offer  to  the  same  As- 
sembly of  certain  assignations  for  their  present  relief ;  which 
were  accepted  under  protestation,  that  the  same  should  not 
prejudge  their  right  to  the  tithes,  nor  be  accounted  as  a 
satisfaction  for  the  same.  For  those  they  held  to  be  the 
proper  patrimony  of  the  Church,  and  so  justly  belonging 
thereto,  as  that  they  ought  not  to  be  paid  to  any  others, 
under  whatsoever  colour  or  pretext.  But  this  protestation 
availed  not,  only  it  showeth  what  was  the  judgment  of  the 
Church  in  that  time  concerning  tithes. 

The  queen,  in  January  following,  went  to  visit  the  king, 
who  lay  sick  at  Glasgow.  After  some  complainings  he  made 
of  her  unkiudness,  and  a  little  chiding  they  kept  for  discon- 
tents passed,  they  did  so  lovingly  reconcile,  as  the  king, 
though  he  was  not  as  yet  fully  recovered,  was  content  to  be 
transported  to  Edinburgh,  and  had  a  lodging  prepared  in  a 
remote  place  of  the  town,  for  his  greater  quiet,  as  was  pre- 
tended. But  he  had  not  stayed  there  a  fortnight,  when 
Bothwell,  having  conspired  his  murder,  did  come  upon  him 
in  the  night,  as  he  lay  asleep,  and  strangled  him  with  one  of 
his  cubiculars  that  lay  in  the  chamber  by  him.  The  murder 
committed,  the  two  corpses  were  carried  forth  at  a  gate  in 
the  town  wall,  and  laid  in  an  orchard  near  by,  and  thereafter 
the  house  blown  up  with  powder ;  the  noise  whereof  did 
awake  those  that  were  sleeping  in  the  farthest  parts  of  the 
town.  The  queen,  not  gone  as  yet  unto  her  rest,  convened 
the  noblemen  that  lodged  within  the  palace,  and  by  their  ad- 
vice sent  Bothwell  with  some  others  to  inquire  what  the 
matter  was  (for  he  was  returned  to  his  chamber  before  the 
blowing  up  of  the  house,  having  left  some  to  fire  the  train 
when  he  was  past  and  gone  away).  Many  of  all  sorts  did 
accompany  him  to  the  place,  where  finding  the  body  of  the 
king  naked,  only  the  upper  part  covered  with  his  shirt,  the 
rest  of  his  apparel  and  even  his  pantofles  near  by  him,  each 
one  making  a  several  conjecture,  Bothwell  would  have  it  be- 
lieved, that  the  violence  of  the  powder  had  carried  his  body 
forth  at  the  roof  of  the  house  unto  that  place.  But  this  was 
against  all  sense,  for  not  a  bone  of  his  whole  body  was  either 
broken  or  bruised,  which  must  needs  have  been  after  such  a 
violent  fall.     Nor  could  it  be  perceived  that  either  the  corpse 


48  THE  HISTORY  OF  THE  [a.  D.  1567. 

or  garments  were  once  touched  with  the  powder.  So  it  was 
manifest  that  his  body  and  all  were  laid  there  by  the  hands 
of  men.  Bothwell  returning,  showed  the  queen  what  a 
strange  thing  had  happened,  admiring  how  it  could  be,  and 
who  they  were  had  committed  the  murder.  She  hearing 
it,  retired  to  a  private  room,  and  went  presently  to  bed. 

Now  he  had  provided  some  to  carry  the  news  unto  the 
borders,  and  to  give  out  that  the  earls  of  Murray  and  JSIorton 
were  the  chief  contrivers  of  the  murder :  which  rumour  went 
current  in  England  for  a  while.  Yet  ere  a  long  time  passed 
all  was  laid  open,  and  he  known  to  have  been  the  principal 
actor  himself.  Proclamations  were  made  promising  large 
sums  of  money  to  those  that  would  detect  the  murderers  : 
whereunto  the  next  night  by  a  placard  affixed  on  the  mar- 
ket-cross answer  was  made,  "  That  if  the  money  should  be 
consigned  into  the  hands  of  an  indifferent  person,  the  mur- 
derers should  be  revealed,  and  the  delator  set  to  his  name, 
and  justify  his  accusation."  No  notice  being  taken  of  this 
offer,  voices  were  heard  in  the  dark  of  the  night,  crying,  that 
Bothwell  had  murdered  the  king.  Some  drawing  his  portrait 
to  the  life,  set  above  it  this  superscription,  "  Here  is  the 
murderer  of  the  king,"  and  threw  the  same  into  the  streets. 
And  there  were  some  that  in  all  the  public  places  of  the 
town  affixed  the  names  of  the  murderers,  the  principal  as 
well  as  the  accessaries.  For  the  principal  they  named 
Bothwell ;  as  accessaries.  Sir  James  Balfour,  and  Gilbert 
Balfour'  his  brother,  Mr  David  Chalmers,  Black  Mr  John 
Spence,  Seigneur  Francis,  Sebastian,  John  do  Burdeaux,  and 
Joseph  the  brother  of  Davie ;  which  last  four  were  of  the 
queen's  household.  These  things  did  so  offend  the  court,  as, 
neglecting  the  trial  of  the  murder,  they  fell  to  inquire  of  the 
drawers  of  these  portraits  and  the  authors  of  the  libels.  All 
the  painters  and  writers  were  called  for  dignoscing  the  letters 
and  draughts.  When  nothing  could  be  tried,  to  provide  for 
afterwards  against  the  like,  by  a  new  edict  it  was  made 
capital  to  disperse  libels  for  defiiming  any  person  in  that  sort, 
and  to  have,  keep,  or  read  any  such  that  should  happen  to 
be  affixed,  or  cast  into  the  streets. 

The  earl  of  Lennox,  whilst  these  things   were  a-doing, 

'  [See  note  to  this  Book.— E.] 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  49 

ceased  not  to  solicit  the  queen  by  his  letters  for  taking  trial 
of  the  murder,  without  delaying  the  same  unto  the  time  of 
parliament,  as  she  had  purposed.  Particularly  he  desired 
the  earl  of  Both  well,  and  others  named  in  the  libels  and 
placard  affixed  on  the  door  of  the  senate-house,  to  be  appre- 
hended, and  the  nobility  assembled  for  their  examination. 
Bothwell,  perceiving  that  he  was  now  openly  attached,  did 
offer  himself  to  trial,  for  which  the  twelfth  of  April  was 
assigned,  and  the  earl  of  Lennox  cited  by  the  justice  to  pur- 
sue according  to  the  delation  he  had  made.  In  the  mean 
time,  to  fortify  himself,  he  got  the  castle  of  Edinburgh  in  his 
custody,  upon  the  earl  of  Mar  his  resignation,  placing 
therein  Sir  James  Balfour,  whom  he  especially  trusted.  The 
earl  of  Mar  for  his  satisfaction  had  the  prince  delivered  in 
his  keeping,  and  carried  unto  Stirling,  where  the  earl  then 
lay  heavily  sick. 

The  diet  appointed  for  the  trial  being  come,  and  the  court 
fenced  as  use  is,  Bothwell  was  empannelled.  The  earl  of 
Lennox  bemg  called,  compeared  Robert  Cuniugham,  one  of 
his  domestics,  who  presented  in  writing  the  protestation  fol- 
lowing. "  My  lords,  I  am  come  hither,  sent  by  my  master  my 
lord  of  Lennox,  to  declare  the  cause  of  his  absence  this  day, 
and  with  his  power,  as  my  commission  beareth.  The  cause 
of  his  absence  is  the  shortness  of  time,  and  that  he  could  not 
have  his  friends  and  servants  to  accompany  him  to  his  hon- 
our, and  for  the  surety  of  life,  as  was  needful  in  respect  of 
the  greatness  of  his  party.  Therefore  his  lordship  hath 
commanded  me  to  desire  a  competent  day,  such  as  he  may 
keep,  and  the  weight  of  the  cause  requireth ;  otherwise,  if 
your  lordships  will  proceed  at  this  present,  I  protest,  that  I 
may  use  the  charge  committed  to  me  by  my  lord  my  master, 
without  the  offence  of  any  man.  This  is,  that  if  the  persons, 
who  pass  upon  the  assize  and  inquest  of  these  that  are  entered 
on  pannel  this  day,  shall  cleanse  the  said  persons  of  the  murder 
of  the  king,  that  it  shall  be  wilful  error,  and  not  ignorance  ; 
by  reason  it  is  notourly  known  that  these  persons  did  com- 
mit that  odious  murder,  as  my  lord  my  master  allegeth. 
And  upon  this  my  protestation  I  require  an  instrument." 

The  justice,  by  the  advice  of  the  noblemen  and  barons  ap- 
pointed to  assist  him  in  that  judgment,  did,  notwithstanding 
the  said  protestation,  grant  process,  whereupon  the  noble- 


50  THE  HISTORY  OF  THE  [a.  D.   1567- 

men  chosen  for  the  jury  were  called.  These  were  Andrew 
earl  of  Rothes,  George  earl  of  Caithness,  Gilbert  earl  of 
Cassils,  Lord  John  Hamilton,  commendator  of  Abcrbrothock, 
James  lord  Ross,  Robert  lord  Scmpill,  Robert  lord  Boyd, 
John  lord  Herries,  Laurence  lord  Oliphant,  John  master  of 
Forbes,  with  the  lairds  of  Lochinvar,  Langton,  Cambus- 
nethan,  Barnbougle,  and  Boyne.  The  earl  of  Cassila 
excused  himself,  offering  the  penalty  which  by  the  laAv  they 
pay  that  refuse  to  pass  upon  assize,  but  could  not  obtain 
himself  freed,  the  queen  threatening  to  commit  him  in 
prison ;  and  when  he  seemed  nothing  terrified  therewith, 
commanding  him  under  pain  of  treason  to  enter  and  give  liis 
judgment  with  the  rest.  Thus  were  they  all  sworn  and 
admitted,  as  the  manner  is ;  after  which  Bothwell  being 
charged  with  the  indictment,  and  the  same  denied  by  him, 
they  removed  forth  of  the  court  to  consult  together ;  and 
after  a  little  time  returning,  by  the  mouth  of  the  earl  of 
Caithness  their  chancellor,  declared  him  acquit  of  the  murder 
of  the  king,  and  of  all  the  points  contained  in  the  indictment, 
with  a  protestation,  that  seeing  neither  her  majesty's  ad- 
vocate had  insisted  in  the  pursuit,  nor  did  Robert  Cuning- 
ham,  commissioner  for  the  earl  of  Lennox,  bring  any  evidence 
of  Bothwell's  guiltiness,  neither  yet  was  the  indictment 
sworn  by  any  person,  and  that  they  had  pronounced  ac- 
cording to  their  knowledge,  it  should  not  be  imputed  to 
them  as  wilful  error  which  they  had  delivered.  Mr  David 
Borthwick  and  Mr  Edmund  Hay,  who  in  the  entry  of  the 
court  were  admitted  as  his  prolocutors,  asked  instruments 
upon  the  jury's  declaration  :  so  he  went  from  that  court 
absolved ;  yet  the  suspicions  of  the  people  were  nothing 
diminished.  And  some  indeed  were  of  opinion,  that  the 
judges  could  give  no  other  deliverance,  nor  find  him  guilty 
of  the  indictment  as  they  had  formed  it ;  seeing  he  waa 
accused  of  a  murder  committed  on  the  ninth  day  of  Feb- 
ruary, whereas  the  king  was  slain  upon  the  tenth  of  that 
month.  But  he  for  a  farther  clearing  of  himself  set  up  a 
paper  in  the  most  conspicuous  place  of  tlie  market,  bearing, 
that  albeit  he  had  been  acquitted  in  a  lawful  justice-court  of 
that  odious  crime  laid  unto  his  charge  ;  yet  to  make  his  in- 
nooency  the  more  manifest,  he  was  ready  to  give  trial  of 
the  same  in  single  combat  with  any  man  of  honourable  birth 


A.  D.  15G7.]  CHURCH  OF  SCOTLAND.  51 

and  quality  that  would  accuse  him  of  the  murder  of  the 
king.  The  next  day  in  the  same  place,  by  another  writing, 
answer  was  made,  that  the  combat  should  be  accepted,  so  as  a 
place  were  designed  wherein  without  danger  the  undertaker 
might  profess  his  name. 

The  thirteenth  of  April  a  parhament  was  kept  for  restor- 
ing the  earl  of  Huntly  and  others  to  their  estates  and  hon- 
ours, which  was  not  as  yet  done  with  the  solemnity  requisite. 
In  this  parliament  the  commissioners  of  the  Church  made 
great  instance  for  ratifying  the  acts  concluded  in  favour  of 
the  true  religion ;  yet  nothing  was  obtained,  the  queen  an- 
swering, that  the  parliament  was  called  for  that  only  business, 
and  that  they  should  have  satisfaction  given  them  at  some 
other  time.  The  parliament  being  broke  up.  Both  well  in- 
viting the  noblemen  to  supper  did  Hberally  feast  them ;  and 
after  many  thanks  for  their  kindness,  fell  in  some  speeches 
of  the  queen's  marriage,  showing  the  hopes  he  had  to  com- 
pass it,  so  as  he  might  obtain  their  consents.  Some  few  to 
whom  he  had  imparted  the  business  beforehand  made  offer 
of  their  furtherance ;  the  rest  fearing  to  refuse,  and  suspect- 
ing one  another,  set  all  their  hands  to  a  bond,  which  he  had 
ready  formed  to  that  purpose. 

A  few  days  after,  feigning  an  expedition  into  Liddisdale, 
he  gathered  some  forces,  and  meeting  the  queen  on  the  way 
as  she  returned  from  Stirling,  whither  she  had  gone  to 
visit  her  son,  he  took  her  by  way  of  rape  and  led  her  to  the 
castle  of  Dunbar.  No  men  doubted  but  this  was  done  by 
her  own  liking  and  consent ;  yet  a  number  of  noblemen  con- 
vening at  Stirling,  lest  they  should  seem  deficient  in  any 
sort  of  their  duties,  sent  to  ask  whether  or  not  she  was  there 
wiUingly  detained :  for  if  she  was  kept  against  her  will,  they 
would  come  with  an  army  and  set  her  at  liberty.  She  an- 
swered, "  That  it  was  against  her  will  that  she  was  brought 
thither,  but  that  since  her  coming  she  had  been  used  so 
courteously,  as  she  would  not  remember  any  more  that 
injury." 

Now  this  rape  (as  afterwards  came  to  be  known)  was  de- 
vised to  secure  the  murderers  of  the  king.  For  it  being  held 
sufficient,  by  a  custom  commonly  received,  that  in  remissions 
granted  for  crimes  committed,  the  most  heinous  fact  being 
particularly  expressed,  others  of  less  moment  might  be  com- 


52  THE  HISTORY   OF  THE  [a.  D.   1567. 

prehendcd  in  general  words,  they  were  advised  to  pass  a  re- 
mission for  violence  offered  to  the  queen,  and  the  laying  of 
hands  upon  her  person,  then  to  subjoin,  "  And  for  all  other 
crimes  and  nefarious  acts  whatsoever,"  under  which  clause 
they  esteemed  the  murder  of  the  king  might  be  comprised, 
which  otherwise  was  neither  safe  for  them  to  express,  nor 
could  the  queen  with  her  honour  pardon.  Thus  did  they 
think  both  that  Both  well  himself  should  be  secured,  and 
safety  to  all  his  partakers  in  the  murder. 

Whilst  the  queen  was  detained  at  Dunbar,  a  divorce  was 
sued  for  Both  well  from  Lady  Jean  Gordon,  his  wife,  in  two 
several  courts.  In  the  one  sat,  by  commission  from  the 
archbishop  of  St  Andrews,  Robert,  bishop  of  Dunkeld, 
William,  bishop  of  Dunblane,  Mr  Archibald  Crawford, 
parson  of  Eaglesham,  Mr  John  Manderston,  canon  of  the 
college  church  of  Dunbar,  Mr  Alexander  Chrichton  and 
Mr  George  Cooke,  canons  of  the  church  of  Dunkeld  ;  in  the 
other  court  Mr  Robert  Maitland,  Mr  Edward  Henryson, 
Mr  Alexander  Sim,  and  Mr  Clement  Little,  judges  constitute 
by  the  queen's  authority  in  all  causes  consistorial :  and  in 
both  courts  was  the  sentence  of  divorce  pronounced,  but  upon 
divers  grounds.  In  the  archbishop's  court,  sentence  was 
pronounced  upon  the  consanguinity  standing  betwixt  Both- 
well  and  his  wife  at  the  time  of  her  marriage,  they  mutually 
attinging  others  in  the  fourth  degree,  and  no  dispensation 
granted  by  the  pope  for  consummating  the  same.  In  the 
other  court  the  sentence  was  grounded  upon  adultery  com- 
mitted by  him,  which  these  judges  held  to  be  the  only  law- 
ful cause  of  divorce.  Both  the  processes  were  posted,  and 
such  festination  made  in  them  as  in  the  space  of  ten  days  they 
were  begun  and  concluded. 

The  divorce  passed,  the  queen  came  to  the  castle  of  Edin- 
burgh, and  the  next  morning  Bothwell  sent  to  ask  his  bans 
with  the  queen.  The  reader,  John  Cairnes,  whose  office  it 
was,  did  simply  refuse ;  thereupon,  Mr  Thomas  Hepburn 
was  directed  to  the  minister,  Mr  John  Craig,  to  desire  him 
to  publish  the  same.  The  minister  likewise  refusing,  as 
having  no  warrant  from  the  queen,  and  for  that  the  rumour 
went  that  she  was  ravished  and  kept  captive  by  Bothwell, 
upon  Wednesday  thereafter  the  justice-clerk  came  unto  him 
with  a  letter  signed  by  the  queen,  wherein  she  declared  that 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  53 

she  was  neither  ravished  nor  detained  captive,  and  therefore 
willed  him  to  publish  the  bans.  His  answer  was,  "  That  he 
could  ask  no  bans,  especially  such  as  these  were,  without  the 
knowledge  and  consent  of  the  Church."  The  matter  being  mo- 
tioned in  the  session  of  the  Church,  after  much  reasoning  kept 
with  the  justice-clerk,  it  was  concluded  that  the  three  next 
preaching  days  the  queen's  mind  should  be  intimated  to  the 
people. 

The  minister  protested,  "  That  in  obeying  their  desire  it 
should  be  lawful  to  him  to  declare  his  own  mind  touching  the 
marriage,  and  that  he  should  not  be  tied  by  that  asking  of 
their  bans  to  solemnize  the  same."  The  first  preaching  day 
falUng  to  be  Friday,  in  the  hearing  of  divers  noblemen  and 
counsellors,  he  showed  what  he  was  enjoined  to  do ;  "  That 
he  held  the  marriage  betwixt  the  queen  and  Bothwell  un- 
lawful, whereof  he  would  give  the  reasons  to  the  parties 
themselves,  if  he  might  have  hearing ;  and  if  this  was  denied, 
he  said,  that  he  would  either  cease  from  proclaiming  their 
bans,  or  declare  the  cause  of  his  disallowance  in  the  hearing 
of  all  the  people." 

The  same  day,  at  afternoon,  being  called  before  the  coun- 
cil, and  required  by  Bothwell  to  show  what  reason  he  had 
to  oppose  his  marriage,  he  answered,  "  First,  that  the  Church  ■ 
had  in  the  last  Assembly  inhibited  the  marriage  of  persons 
divorced  for  adultery.  Next,  he  alleged  the  divorce  from 
his  wife  to  have  proceeded  upon  collusion  betwixt  them, 
which  appeared,  as  he  said,  by  the  precipitation  of  that  sen- 
tence, and  the  contract  made,  so  suddenly  after  his  divorce, 
with  the  queen.  Thirdly,  he  laid  to  his  charge  the  rape  of 
the  queen,  and  the  suspicion  of  the  king's  murder,  which 
that  marriage  would  confirm."  For  these  reasons  he  most 
gravely  admonished  them  to  surcease  and  leave  that  course, 
as  he  would  eschew  the  wrath  and  indignation  of  Almighty 
God.  He  desired  also  the  lords  there  present  to  advertise 
the  queen  of  the  infamy  and  dishonour  that  would  fall  upon 
her  by  that  match,  and  to  use  their  best  means  to  divert  her 
from  it. 

The  Sunday  following,  publicly  he  declared  what  he  had 
spoken  in  council,  and  that  it  seemed  to  him  they  would  pro- 
ceed in  the  marriage,  what  mischief  soever  should  ensue. 
"  For  himself,"  he  said,  "  that  he  had  already  liberated  his 


54  THE  HISTORY  OF  THE  [a.  D.  1567. 

conscience,  and  yet  again  would  take  heaven  and  earth  to 
record,  that  he  abhorred  and  detested  that  marriage  as  scan- 
dalous and  hateful  in  the  sight  of  the  world.  But  seeing  the 
great  ones,  as  he  perceived,  did  approve  it,  either  by  their 
flattery  or  by  their  silence,  he  would  beseech  the  faithful  to 
pray  fervently  unto  God,  that  he  might  be  pleased  to  turn 
that  which  they  intended  against  law,  reason,  and  good 
conscience,  to  the  comfort  and  benefit  of  the  Church  and 
realm."  These  speeches  offended  the  court  extremely ; 
therefore  they  summoned  him  to  answer  before  the  council, 
for  passing  the  bounds  of  his  commission,  and  calling  the 
queen's  marriage  scandalous  and  hateful  before  the  world. 
He  appearing,  confessed  the  words,  but  denied  that  he  had 
exceeded  the  bounds  of  his  commission ;  "  For  the  bounds," 
said  he,  "  of  my  commission,  they  are  the  word  of  God, 
good  laws,  and  natural  reason ;  and  by  all  three  I  will  make 
good  that  this  marriage,  if  it  proceed,  will  be  hateful  and 
scandalous  to  all  that  shall  hear  of  it."  As  he  was  proceed- 
ing in  his  discourse,  Bothwell  commanded  him  silence,  and 
thus  was  he  demitted. 

Not  the  less  of  this  opposition  the  marriage  went  on,  and 
■was  celebrated  the  fifteenth  of  May  by  Adam,  bishop  of 
Orkney,  in  the  palace  of  Halyrudhouse,  after  the  manner  of 
the  Reformed  Church.'  Few  of  the  nobihty  were  present 
(for  the  greater  part  did  retire  themselves  to  their  houses  in 
the  country),  and  such  as  remained  were  noted  to  carry  heavy 
countenances.  Monsieur  le  Crock  the  French  ambassador, 
being  desired  to  the  feast,  excused  himself,  thinking  it  did 
not  sort  with  the  dignity  of  his  legation  to  approve  the  mar- 
riage by  his  presence  which  he  heard  was  so  universally 
hated.  His  master  the  French  king,  as  likewise  the  queen 
of  England,  had  seriously  dissuaded  the  queen  from  the  same 
by  their  letters :  but  she,  led  by  the  violence  of  passion,  and 
abused  by  the  treacherous  counsels  of  some  about  her,  who 
sought  only  their  own  ends,  would  hearken  to  no  advice  given 
her  to  the  contrary.  Yet  was  it  no  sooner  finished  than  the 
ill  fruits  thereof  began  to  break  out.  For  the  wonted  accla- 
mations and  good  wishes  of  the  people  were  no  more  heard 
when  she  came  in  public;  and  divers  that  had  set  their 
hands  and  seals  to  the  marriage,  fell  now  openly  to  condemn 
'  [See  note  at  the  end  of  this  Book,  on  the  bishop  of  Orkney.— E.] 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  65 

it,  "  as  that  which  ministered  too  just  a  suspicion  that  she 
was  consenting  to  the  death  of  the  king  her  husband." 

The  earl  of  Athole,  immediately  after  the  murder  of  the 
king,  had  forsaken  the  court,  and  lived  at  home,  waiting 
some  occasion  to  be  revenged  of  the  doers  ;  and  now  esteem- 
ing it  fit  to  show  himself,  he  came  to  Stirling,  where,  in  a 
meeting  of  noblemen  that  were  desired  to  come  thither,  upon 
his  motion  a  bond  was  made  for  the  preservation  of  the  young 
prince,  lest  Bothwell  getting  him  in  custody,  should  make 
him  away  ;  as  no  man  doubted  he  would,  as  well  to  advance 
his  own  succession,  as  to  cut  off  the  innocent  child,  who  in  all 
probability  would  one  day  revenge  his  father's  death. 

The  principals  of  this  combination  were  the  earls  of  Argyle, 
Athole,  Morton,  Mar,  and  Glencarne,  with  the  Lords  Lind- 
say and  Boyd.  But  Argyle,  out  of  a  facility  (which  was 
natural  unto  him),  detected  all  their  counsels  to  the  queen ;  and 
the  Lord  Boyd,  with  great  promises,  was  won  to  the  adverse 
party.  Bothwell,  suspecting  some  insurrection,  advised  the 
queen,  for  saving  her  reputation  in  foreign  parts,  to  acquaint 
the  French  king  and  her  kinsmen  of  the  house  of  Guise  with 
her  marriage,  and  the  reasons  thereof,  desiring  them,  since 
that  which  was  done  could  not  be  again  undone,  to  favour 
her  husband  no  less  than  they  did  herself.  And  to  this  effect 
the  bishop  of  Dunblane  was  sent  into  France  with  letters  to 
all  her  friends. 

Neither  did  he  omit  to  do  at  home  what  he  thought  might 
serve  to  fortify  himself;  for  divers  noblemen  and  barons  were 
invited  to  court,  and  at  their  coming  sohcited  to  enter  into 
bond  for  the  defence  of  the  queen  and  Bothwell,  who  should 
on  the  other  part  be  obliged  to  protect  them  in  all  their 
affairs.  Some  of  these  being  wrought  to  the  purpose,  did 
set  their  hands  willingly  to  the  bond :  the  rest,  though  they 
would  gladly  have  shunned  it,  yet  because  they  held  it  dan- 
gerous to  refuse,  subscribed  in  like  sort.  Only  the  earl  of 
Murray,  of  all  that  were  called,  denied  to  enter  in  any  bond 
with  the  queen ;  it  being  neither  lawful  for  him,  as  he  said, 
nor  honourable  for  her,  whom  in  all  things  it  was  his  duty  to 
obey.  Concerning  Bothwell,  he  said,  "  That  he  was  recon- 
ciled unto  him  by  the  queen's  mediation,  and  would  faithfully 
keep  all  that  he  had  promised ;  but  to  enter  in  bond  with 
him  or  any  other,  he  did  not  think  it  the  part  of  a  good 


56  THE   HISTORY  OF  THE  [a.  D.  1567. 

subject."  Shortly  after  this  he  obtained  leave,  howbeit  not 
without  some  difficulty,  to  go  into  France ;  "  for  he  saw  troubles 
breeding  in  which  he  loved  not  to  have  a  hand." 

How  soon  he  was  gone,  choice  was  made  of  a  new  council, 
and  the  archbishop  of  St  Andrews,  with  the  Lords  Ohphant 
and  Boyd,  received  into  the  number :  for  their  better  and 
more  easy  attendance,  they  had  their  times  of  waiting  par- 
ticularly assigned. 

The  earls  of  Crawford,  ErroU,  and  Cassils,  with  the  bishop 
of  Ross,  and  the  Lord  Oliphant,  were  appointed  to  begin, 
and  attend  from  the  first  of  June  to  the  sixteenth  of  July. 
The  earls  of  Morton  and  Rothes,  with  the  bishop  of  Gallo- 
way and  the  Lord  Fleming,  were  to  succeed,  and  remain 
from  the  sixteenth  of  July  to  the  penult  of  August.  After 
them  the  archbishop  of  St  Andrews,  the  earls  of  Argyle  and 
Caithness,  with  the  Lord  Herries,  to  the  fifteenth  of  October. 
And  from  that  day  to  the  first  of  December,  the  earl  of 
Huntly  (who  was  then  created  chancellor),  the  earls  of 
Athole,  Marshall,  and  Lord  Boyd,  were  appointed  to  wait. 
At  which  time  Crawford  and  Erroll  were  again  to  begin,  and 
the  rest  to  follow  in  their  order  for  the  same  space,  so  as 
during  the  whole  year  the  councillors  should  be  tied  to  the 
attendance  of  three  months  only.  It  was  always  provided, 
that  so  many  of  the  forenamed  persons  as  happened  to  be  at 
court  should,  during  their  abode,  notwithstanding  of  their 
several  assignments,  be  present  with  the  others  ;  and  that  it 
should  be  lawful  for  the  queen  to  adjoin  at  any  time  such  as 
she  thought  worthy  of  that  honour.  The  same  day  a  pro- 
clamation was  given  out,  declaring  all  writings  purchased 
from  the  queen,  for  permitting  papists  to  use  the  exercise  of 
their  rehgion,  to  make  no  faith  ;  her  majesty  being  no  way 
minded  to  violate  the  act  made  at  her  first  arrival,  and  often 
since  that  time  renewed  in  favours  of  the  true  rehgion.  But 
this  did  not  repress  the  murmurs  of  the  people,  for  which  it 
was  specially  intended. 

Wherefore  some  few  days  after,  the  queen  by  Bothwell's 
persuasion,  taking  purpose  to  visit  the  borders,  and  having 
charged  the  subjects  to  accompany  her  thither  with  a  provi- 
sion for  fifteen  days,  according  to  the  custom,  it  was  publicly 
rumoured  that  these  forces  were  gathering  for  some  other 
business,  and  that  the  intention  was,  to  have  the  prince  her 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  57 

son  in  her  own  custody,  and  taken  out  of  the  earl  of  Mar 
his  hands.  So  as  a  new  declaration  came  forth,  "  To  certify 
the  people  of  her  good  affection,  and  that  she  never  meaned 
to  make  any  novations  in  the  kingdom  by  altering  the  laws 
thereof,  nor  do  any  thing  in  the  public  affairs,  but  by  the 
advice  of  the  noblemen  of  her  council.  And  for  her  son,  as 
she  had  trusted  him  to  such  a  governor  as  other  princes  in 
former  times  were  accustomed  to  have,  so  her  motherly  care 
for  his  safety  and  good  education  should  be  made  apparent 
to  all."  But  no  regard  was  had  to  these  declarations,  and 
the  noblemen  who  had  combined  themselves  at  StirHng  taking 
arms,  and  being  assisted  by  the  Lord  Home,  environed  on 
the  sudden  the  castle  of  Borthwick,  wherein  the  queen  and 
Bothwell  were  then  remaining :  yet  their  companies  not 
sufficing  to  enclose  the  house  (for  A  thole  did  not  keep  the 
diet),  Bothwell  first  escaped,  and  after  him  the  queen  dis- 
guised in  man's  apparel  fled  to  Dunbar. 

The  lords  upon  their  escape  retired  to  Edinburgh,  where 
they  expected  the  rest  of  their  forces  would  meet.  There 
lay  in  the  town  at  that  time  by  the  queen's  direction,  the 
earl  of  Huntly,  the  archbishop  of  St  Andrews,  the  bishop  of 
Ross,  the  abbot  of  Kilwinning,  and  the  Lord  Boyd.  How 
soon  they  heard  of  the  lords  coming,  they  went  to  the  street, 
offering  themselves  to  conduct  the  people,  and  to  assist  them 
in  the  defence  of  the  town;  but  they  found  few  or  none 
wilUng  to  join  with  them,  and  the  people's  affections  wholly 
inchniug  to  the  lords.  The  magistrates  gave  order  to  shut 
the  gates,  but  no  farther  resistance  was  made ;  so  as  the 
lords  entering  by  the  gate  called  St  Mary  Port,  which  was 
easily  broke  up,  they  made  themselves  masters  of  the  town. 
Huntly  and  the  rest  taking  their  refuge  to  the  castle,  were 
received  by  the  keeper  (Sir  James  Balfour,  a  man  much 
trusted  by  Bothwell),  though  at  the  same  time  he  was  treat- 
ing with  the  lords  for  delivering  the  castle  into  their  hands. 

The  next  day,  being  the  twelfth  of  June,  the  lords  gave  out 
a  proclamation,  wherein  they  declared,  "  That  the  earl  of 
Bothwell  havhig  put  violent  hands  on  the  queen's  person, 
warded  her  highness  in  the  castle  of  Dunbar,  and  retaining 
her  in  his  power,  had  seduced  her,  being  destitute  of  all 
counsel,  to  an  unhonest  and  unlawful  marriage  with  himself, 
who  was  known  to  have  been  the  principal  author,  deviser, 


58  THE  HISTORY  OF  THE  [a.   D.   1567. 

and  actor  in  the  cruel  murder  committed  upon  the  late  king's 
person  ;  and  that  he  was  daily  gathering  forces,  and  strength- 
ening himself  by  all  means,  of  purpose,  as  appeared,  to  get 
in  his  hands  the  young  prince,  that  he  might  murder  him  in  like 
sort  as  he  had  done  his  father ;  which  the  nobility  of  the  realm 
had  resolved  to  withstand,  and  to  deliver  the  queen  out  of 
his  bondage.  Therefore  did  they  charge  all  and  sundry  the 
lieges  within  the  kingdom  to  be  in  readiness  upon  three 
hours'  warning,  to  assist  the  said  noblemen  for  delivering  the 
queen  from  captivity,  and  bringing  the  said  earl  and  his 
complices  to  underly  the  trial  and  punishment  of  law  for  the 
foresaid  murder.  Commanding  all  such  as  will  not  join  with 
the  said  noblemen,  to  depart  forth  of  the  town  of  Edinburgh 
within  four  hours  after  the  pubhcation  made,  under  the  pain 
to  be  reputed  as  enemies,"  &c. 

But  the  queen  having  escaped,  as  we  showed,  there  re- 
sorted to  her  from  all  quarters  numbers  of  people,  so  as 
within  few  hours  she  had  an  army  about  her  of  four  thou- 
sand men  and  above,  a  force  sufficient  to  oppose  the  enter- 
prisers. The  lords,  on  the  other  side,  were  cast  into  many 
difficulties ;  for  the  heat  of  the  common  sort  of  people  being 
quickly  cooled,  as  ordinarily  it  happeneth,  and  the  greater 
part  of  the  nobility  being  either  enemies,  or  behaving  them- 
selves as  neuters,  few  of  them  came  to  offer  their  assist- 
ance :  yea  had  they  been  never  so  many,  lacking  munition 
and  other  necessary  provisions  for  the  besieging  of  forts, 
they  saw  no  way  to  attain  to  their  purpose ;  whereupon 
they  began  to  think  of  dissolving  their  forces  and  quitting 
the  enterprise,  at  least  for  that  time.  But  the  resolution 
which  the  queen  took  altered  their  counsels,  and  gave  them 
the  opportunity  they  wished  for.  She,  partly  confiding  in 
her  power  and  numbers,  and  partly  animated  by  a  sort  of 
flatterers  who  made  her  believe  that  the  lords  would  flee 
upon  the  first  bruit  of  her  coming,  resolved  to  march  with 
her  army  to  Leith :  whereas  nothing  had  been  so  much  to 
her  advantage  as  a  little  protracting  of  time ;  for  had  she  re- 
mained three  days  longer  at  Dunbar,  the  lords  without  all 
peradventure  had  retired  every  one  to  his  home.  But 
where  mutations  are  destined,  the  worst^  counsels  seem  ever 
the  best,  and  are  most  readily  embraced. 

Being  advanced  so  far  as  Gladsmuir,  (where  she  caused 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  59 

muster  her  forces,)  a  proclamation  was  made,  bearing,  "  That 
a  number  of  conspirators  having  discovered  their  latent 
mahce  borne  to  her  and  the  duke  of  Orkney  her  husband, 
after  they  had  failed  in  apprehending  their  persons  at  Borth- 
wick,  had  made  a  seditious  proclamation,  to  make  people  be- 
lieve that  they  did  seek  the  revenge  of  the  murder  of  the 
king  her  late  husband,  and  the  relieving  of  herself  out  of 
bondage  and  captivity,  pretending  that  the  duke  her  husband 
was  minded  to  invade  the  prince  her  son  ;  all  which  were 
false,  and  forged  inventions,  none  having  better  cause  to  re- 
venge the  king's  death  than  herself,  if  she  could  know  the 
authors  thereof.  And  for  the  duke  her  present  husband,  he 
had  used  all  means  to  clear  his  innocency ;  the  ordinary 
justice  had  absolved  him,  and  the  Estates  of  parliament  ap- 
proved their  proceedings,  which  they  themselves  that  made 
the  present  insurrection  had  likewise  allowed.  As  also  he 
had  oifered  to  maintain  that  quarrel  against  any  gentleman 
on  earth  undefamed,  than  which  nothing  more  could  be  re- 
quired. And  as  to  her  alleged  captivity,  the  contrary  was 
known  to  the  whole  subjects,  her  marriage  with  him  being 
publicly  contracted,  and  solemnized  with  their  own  consents, 
as  their  hand-writs  could  testify.  Albeit  to  give  their  treason 
a  fair  show,  they  made  now  a  buckler  of  the  prince  her  son, 
being  an  infant,  and  in  their  hands ;  whereas  their  intention 
only  was  to  overthrow  her  and  her  posterity,  that  they 
might  rule  all  things  at  their  pleasure  and  without  control- 
ment.  Seeing,  therefore,  no  wilfulness  nor  particularity,  but 
very  necessity  had  forced  her  to  take  arms  for  defence  of  her 
life,  as  her  hope  was  to  have  the  assistance  of  all  her  faithful 
subjects  against  those  unnatural  rebels,  so  she  doubted  not 
but  such  as  were  already  assembled,  would  with  good  hearts 
stand  to  her  defence  ;  considering  especially  the  goodness  of 
her  cause,  promising  them  in  recompense  of  their  valorous 
service  the  lands  and  possessions  of  the  rebels,  which  should 
be  distributed  according  to  the  merit  of  every  man." 

This  proclaimed,  the  army  did  set  forward,  the  queen 
lodging  that  night  in  Seaton.  A  little  before  midnight  word 
was  brought  to  the  lords  in  Edinburgh  of  the  queen's  ap- 
proach, who  without^  long  suspense  made  to  their  armour. 
And  at  sun-rising,  putting  themselves  in  order,  they  marched 
directly  to  Musselburgh,  a  village  two  miles  distant  from 


60  THE  HISTORY  OF  THE  [a.  D.  1567. 

Preston.  There  they  refreshed  themselves  with  food  and 
a  little  rest,  for  the  queen's  camp  was  not  as  yet  stirring. 
About  the  midst  of  the  day  the  horsemen  who  were  sent  to 
observe  when  the  queen's  army  did  advance,  brought  word 
that  they  were  marching.  The  lords  thereupon  made  haste, 
and  drawing  their  companies  forth  of  the  village,  ranged 
them  in  two  battles.  The  first  was  conducted  by  the  earl  of 
Morton  and  the  Lord  Home  ;  the  second  by  the  earls  of 
Athole,  Mar,  and  Glencarne,  the  Lords  Lindsay,  Ruthven, 
Sempill,  and  Sanquhar,  with  the  lairds  of  Drumlanrig,  TuUi- 
bardine,  Cessford,  Grange ;  and  divers  others  of  good  sort 
were  assisting,  in  number  not  much  inferior  to  the  queen's 
army,  and  in  this  superior,  that  the  most  part  of  them  were 
gentlemen  practised  and  of  good  experience  in  war.  The 
queen  stood  with  her  army  on  the  top  of  the  hill  called 
Carberry  hill,  which  the  lords,  because  of  the  ascent  where- 
with it  riseth,  could  not  come  at  in  a  direct  course,  but  to 
their  great  disadvantage  ;  wherefore  they  incUned  a  little  to 
the  right  hand,  both  to  find  a  more  plain  way,  and  to  get 
the  sun  in  their  backs,  when  they  should  come  unto  the  fight. 
This  deceived  the  queen,  who  supposed  they  were  flying 
towards  Dalkeith,  a  little  village  pertaining  to  the  earl  of 
Morton ;  but  when  they  were  past  the  strait  of  the  hill,  and 
that  she  saw  them  making  directly  to  the  place  where  she 
with  her  army  stood,  she  perceived  her  error. 

The  French  ambassador,  seeing  them  ready  to  join,  in- 
terposed himself,  and  coming  to  the  lords,  desired  that 
matters  might  be  composed  without  bloodshed,  for  the  good 
of  both  parties  ;  saying,  that  he  found  the  queen  peaceably 
inclined,  and  disposed  both  to  forgive  the  insurrection  they 
had  now  made,  and  to  forget  all  by-past  offences.  The  earl 
of  Morton  replied,  "  That  they  had  taken  arms,  not  against 
the  queen,  but  against  the  murderer  of  the  king,  whom  if  she 
would  deliver  to  be  punished,  or  then  put  him  from  her  com- 
pany, she  should  find  nothing  more  desired  of  them  and  all 
other  subjects,  than  to  continue  in  their  dutiful  obedience  to- 
wards her  ;  otherwise  no  peace  could  be  made.  Neither  are 
we  come,"  said  he,  "  to  ask  pardon  for  any  offence  that  we 
have  done,  but  rather  to  give  pardon  to  those  that  have  of- 
fended." The  ambassador  perceiving  this  to  be  their  resolu- 
tion, and  judging  it  reasonable  which  they  required,  but 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  61 

not  like  to  be  obtained,  took  his  leave  and  departed  to 
Edinburgh. 

During  the  treaty  of  the  French  ambassador,  the  queen's 
army  keeping  within  the  trenches  that  the  English  of  old 
had  made,  Bothwell  advanced  himself  upon  a  strong  and 
lusty  horse,  appealing  any  one  of  the  adverse  party  to  single 
combat.  James  Murray,  brother  to  Tullibardine,  (he  that 
before  had  offered  himself  to  fight,  but  suppressing  his  name, 
as  we  shewed),  made  answer  that  he  would  accept  the  chal- 
lenge. Bothwell  refusing  to  hazard  with  him,  as  not  being 
his  equal  in  honour  and  estate,  William  Murray  his  eldest 
brother  made  offer  to  take  his  place,  saying,  that  in  wealth 
he  was  not  inferior  to  Bothwell,  and  for  the  antiquity  of  his 
house  and  honesty  of  reputation,  he  esteemed  himself  more 
than  his  equal ;  yet  he  likewise  was  refused,  as  being  a 
knight  only,  and  of  a  lower  degree.  Divers  noblemen  did 
thereupon  offer  themselves  ;  the  Lord  Lindsay  especially 
shewed  a  great  forwardness,  desiring  he  might  be  permitted 
to  try  himself  with  Bothwell,  which  he  would  take  as  a 
singular  honour,  and  esteem  it  as  a  recompense  of  all  bis 
service  done  to  the  state.  Here  whenas  Bothwell  could  not 
honestly  shift  the  combat,  the  queen  interposing  her  authority 
did  prohibit  him  to  fight.  Thereafter  taking  a  view  of  the 
army  on  horseback,  and  encouraging  them  to  battle,  she 
found  Both  well's  friends  and  followers  very  desirous  to  fight; 
but  in  the  rest  there  appeared  no  such  wiUingness,  some 
saying  that  the  battle  would  prove  dangerous  to  the  queen, 
because  howsoever  gentlemen  were  ready  to  hazard  them- 
selves, the  commons,  who  were  the  greatest  number,  seemed 
not  to  be  so  disposed,  nor  well  affected  to  the  cause.  Others 
more  plainly  declaring  their  minds,  said  that  it  were  much 
better  that  Bothwell  should  defend  his  own  quarrel  by  com- 
bat, than  to  expose  the  queen  and  so  many  gentlemen  to 
peril.  And  there  were  some  that  counselled  to  delay  the 
battle  to  the  next  day,  for  that  the  Hamiltons  were  said  to  be 
coming,  who  would  greatly  increase  her  forces. 

All  these  things  the  queen  heard  impatiently,  and  bursting 
forth  in  many  tears,  said,  they  were  but  cowards  and  traitors. 
After  which,  perceiving  divers  of  the  army  to  steal  away, 
she  advised  Bothwell  to  look  to  his  own  safety,  for  she  would 
render  herself  to  the  noblemen.     Then  sending  for  William 


62  THE  HISTORY  OF  THE  [a.  D.   1567. 

Kirkcaldy  of  Grange,  she  talked  with  him  a  good  space,  and 
when  she  thought  Bothwell  was  past  all  danger,  went  with 
him  to  the  lords,  unto  whom  she  spake  on  this  manner. 
"  My  lords,  I  am  come  unto  you  not  out  of  any  fear  I  had  of 
my  life,  or  yet  doubting  of  the  victory  if  matters  had  gone 
to  the  worst ;  but  I  abhor  the  shedding  of  Christian  blood, 
especially  of  those  that  are  mine  own  subjects,  and  will  there- 
fore yield  unto  you,  and  be  ruled  hereafter  by  your  counsels, 
trusting  you  will  respect  me  as  your  born  princess  and  queen." 
They  receiving  her  with  the  wonted  reverence,  answered 
dutifully  at  first ;  but  when  she  could  not  be  permitted  to  go 
unto  the  Hamiltons  (whom  she  had  a  desire  to  see),  although 
she  gave  her  promise  to  return,  and  so  found  her  liberty  re- 
strained, she  waxed  angry,  and  fell  a  complaining  of  their  in- 
gratitude. They  replied  nothing,  but  taking  their  way  to- 
wards Edinburgh,  led  her  along  with  them,  and  kept  her 
that  night  in  Craigmillar  his  lodging,  who  was  then  provost 
of  the  town.  It  was  night  before  they  came  thither,  albeit 
the  day  was  then  at  the  full  length,  because  of  the  stays  she 
made  by  the  way,  either  looking  for  some  rehef  by  the 
Hamiltons,  as  many  supposed,  or  not  liking  to  be  gazed  on 
by  the  multitude,  and  seen  in  the  estate  of  a  prisoner.  The 
next  day  towards  the  evening  she  was,  by  the  direction  of 
the  noblemen,  sent  to  be  kept  in  the  house  of  Lochleven,  and 
conveyed  thither  by  the  Lords  Ruthven  and  Lindsay,  be- 
cause Balfour  had  not  as  yet  transacted  with  the  lords  upon 
the  delivery  of  the  castle  of  Edinburgh,  though  even  then 
he  betrayed  the  trust  which  Bothwell  had  in  him.  For  how 
soon  it  was  known  that  the  queen  was  made  prisoner.  Both- 
well  having  sent  one  of  his  servants  to  the  castle  to  bring  a 
little  silver  cabinet  which  the  queen  had  given  him,  and 
wherein  he  reserved  all  the  letters  she  had  written  unto  him 
at  any  time,  Balfour  delivered  the  cabinet  to  Bothwell's 
servant,  but  withal  advertised  the  lords  what  he  carried,  and 
made  him  to  be  apprehended.  These  letters  were  after- 
wards divulged  in  print,  and  adjected  to  a  Ubel  entitled.  The 
detections  of  the  doings  of  Queen  Mary,  penned  with  great 
bitterness  by  Mr  George  Buchanan. 

Some  two  days  after  the  queen  was  committed,  the  earl  of 
Glencarne,  taking  with  him  his  domestics  only,  went  to  the 
chapel  of  Halyrudhouse  and  demolished  the  altar,  breaking 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  63 

the  pictures,  and  defacing  all  the  ornaments  within  the  same. 
The  preachers  did  commend  it  as  a  work  of  great  piety  and 
zeal ;  but  the  other  noblemen  were  not  a  little  displeased,  for 
that  he  had  done  it  without  direction,  and  before  they  had 
resolved  how  to  deal  with  the  queen ;  neither  did  matters 
frame  with  them  according  to  their  expectation,  divers  of  the 
nobility,  of  whose  assistance  they  held  themselves  assured, 
lying  back  and  giving  no  concurrence ;  and  those  that 
favoured  the  queen  (of  which  number  were  the  earls  of 
Argyle,  Huntly,  and  many  others  who  were  at  the  same 
time  assembled  at  Hamilton),  professing  open  enmity,  and 
condemning  the  action  as  a  crime  of  the  highest  treason  that 
could  be  committed.  The  common  people  also,  who  a  little 
before  seemed  most  incensed,  pitying  the  queen's  estate,  did 
heavily  lament  the  calamity  wherein  she  was  fallen.  In  this 
uncertainty  of  things  they  resolved  to  write  unto  the  lords 
convened  at  Hamilton,  and  entreat  their  concurrence  for  re- 
ordering the  estate,  and  establishing  of  matters  by  a  common 
consent.  But  neither  would  they  admit  the  messenger  nor 
receive  their  letters,  so  highly  did  they  offend  with  their  pro- 
ceedings, and  so  confident  they  were  to  repair  things  by  their 
own  power. 

The  noblemen  hereupon  made  a  motion  to  the  Assembly  of 
the  Church,  which  was  then  convened  at  Edinburgh,  to  deal 
with  those  of  the  other  faction,  and  persuade  them  to  a 
general  meeting  for  matters  of  the  Church,  wherein  they 
hoped  some  good  might  be  done,  and  all  occasions  of  civil 
discord  removed.  The  Assembly  hking  well  the  motion, 
condescended  to  prorogue  their  meeting  unto  the  twentieth 
of  July  next,  and  in  the  mean  season  to  direct  letters  to  the 
earls  of  Argyle,  Huntly,  Caithness,  Rothes,  Crawford,  and 
Menteith,  the  Lords  Boyd,  Drummond,  Herries,  Cathcart, 
Yester,  Fleming,  Livingstone,  Seaton,  Glammis,  Ochiltrie, 
Gray,  Ohphant,  Methven,  Innermaith,  and  Somerville,  and 
to  the  commendators  of  Aberbrothock,  Kilwinning,  Dun- 
fermline, St  Columb,  Newbottle,  and  Halyrudhouse,  who  did 
either  assist  the  adverse  party,  or  then  behaved  themselves 
as  neuters.  To  procure  the  greater  respect  to  these  letters, 
John  Knox,  Mr  John  Douglas,  Mr  John  Row,  and  Mr 
John  Craig,  were  chosen  commissioners,  and  had  instructions 
given  them  to  this  purpose  :     "  That  Satan  by  his  instru- 


64  THE  HISTORY  OF  THE  [a.   D.   1567. 

ments  had  of  long  time  and  by  many  subtile  ways  laboured 
to  hinder  the  progress  of  true  religion  within  this  realm,  and 
that  now  the  same  was  in  hazard  to  be  utterly  subverted, 
chiefly  through  the  poverty  of  the  ministers  that  ought  to 
preach  the  word  of  life  unto  the  people  :  some  being  com- 
pelled to  leave  their  vocation,  and  betake  them  to  civil  call- 
ings ;  others  so  distracted  by  earthly  cares,  as  they  could 
not  wait  upon  the  preaching  of  the  Word  so  diligently  as 
they  wished.  In  consideration  whereof  the  Assembly  of  the 
Church  being  convened  at  Edinburgh,  had  thought  it  neces- 
sary to  prorogue  their  meeting  to  the  twentieth  of  July,  and 
to  entreat  and  admonish  all  persons  truly  professing  the  Lord 
Jesus  within  the  realm,  as  well  noblemen  as  barons,  and  those 
of  the  other  Estates,  to  meet  and  give  their  personal  appear- 
ance at  Edinburgh  the  said  day,  for  giving  their  advice, 
counsel,  and  concurrence  in  matters  then  to  be  proponed  ; 
especially  for  purging  the  realm  of  popery,  the  establishing 
of  the  policy  of  the  Church,  and  restoring  the  patrimony 
thereof  to  the  just  possessors.  Assuring  those  that  should 
happen  to  absent  themselves  at  the  time,  due  and  lawful 
advertisement  being  made,  that  they  should  be  reputed 
hinderers  of  the  good  work  intended,  and  as  dissimulate  pro- 
fessors be  esteemed  unworthy  of  the  fellowship  of  Christ's 
flock :  considering  chiefly  that  God  in  his  mercy  had  offered 
a  better  occasion  for  effecting  these  things  than  in  times  past, 
and  that  he  had  begun  to  tread  down  Satan  under  foot." 
This  they  were  willed  to  speak,  and  by  all  fair  persuasions 
to  move  them  to  keep  the  day  and  place  appointed. 

The  missive  letters  were  for  the  most  part  to  the  same  ef- 
fect ;  but  in  these,  besides  the  provision  of  the  ministers,  I 
find  the  poor  and  indigent  members  of  Christ  also  mentioned, 
and  somewhat  said  concerning  an  union  to  be  made  amongst 
the  professors,  and  such  a  conjunction  as  might  make  them 
able  to  withstand  the  craft  and  violence  of  their  enemies. 
But  neither  did  the  letters  nor  the  credit  given  to  the  com- 
missioners prevail  with  those  to  whom  they  went,  all  almost 
excusing  themselves  (some  by  word,  others  by  letter),  and 
saying,  "  That  in  regard  of  the  present  division  caused  by 
the  queen's  imprisonment,  and  that  the  town  of  Edinburgh, 
where  they  were  required  to  meet,  was  straitly  kept  by  a 
part  of  the  nobility  and  some  hired  soldiers,  they  could  not 


A.  D.   1567.]  CHURCH  OF  SCOTLAND.  65 

come  to  the  place  appointed  without  trouble  and  danger  of 
their  Hves.  Not  the  less  they  did  assure  the  Church  of  their 
willingness  to  every  thing  that  might  serve  to  advance  the 
gospel,  and  further  the  provision  of  the  ministers,  for  the 
better  and  more  diligent  attendance  on  their  callings."  The 
earl  of  Argyle  did  answer  more  particularly ;  and  touching 
the  policy,  desired  that  no  novations  nor  alterations  should  be 
made  before  a  general  meeting  of  the  Estates.  In  like  sort 
the  Lord  Boyd  did  by  his  answer  promise  to  hold  hand  to  the 
forthsetting  of  the  policy,  but  with  an  exception,  so  far  as  it 
might  stand  with  law.  Yet  had  both  the  one  and  other 
ratified  the  book  of  pohcy  by  their  subscriptions  long  before, 
and  made  no  scruple  either  of  law  or  custom  at  that  time. 
The  noblemen  that  remained  at  Edinburgh,  perceiving  they 
could  not  be  drawn  to  a  meeting,  resolved  to  prosecute  their 
purpose  at  all  hazards,  and  joining  with  the  Assembly,  con- 
descended to  all  the  articles  proponed  for  the  good  of  the 
Church,  and  made  great  promises  of  performance ;  howbeit, 
having  once  attained  their  ends,  they  did  forget  all,  and 
turned  adversaries  to  the  Church  in  the  same  things  where- 
unto  they  had  consented.  Always  the  articles  agreed  unto 
were  as  followeth. 

1.  That  the  acts  made  in  the  parliament  holden  at  Edin- 
burgh the  twenty -fourth  of  August  1560,  touching  religion 
and  the  abolishing  of  the  pope's  authority,  should  be  ex- 
tracted forth  of  the  registers,  and  have  the  force  of  a  public 
law  ;  and  that  the  said  parliament,  in  so  far  as  concerned 
religion,  should  be  maintained  and  defended  by  them,  as  a 
parhament  lawful,  and  holden  by  sufficient  commission  from 
the  queen  then  being  in  France,  and  be  ratified  in  the  first 
parliament  which  should  happen  to  be  kept  within  the 
realm. 

2.  That  until  perfect  order  might  be  taken  for  restoring 
the  patrimony  of  the  Church,  the  act  of  assignation  of  the 
thirds  of  benefices  for  the  sustentation  of  the  ministry  should 
be  put  in  due  execution. 

3.  That  the  act  of  council  made  with  consent  of  her 
majesty,  touching  the  conferring  of  small  benefices  within 
the  value  of  thi'ee  hundred  marks  to  ministers,  should  be  put 
in  practice  ;  as  likewise  the  act  for  annuals,  obits,  and  al- 
tarages, especially  within  burghs. 

VOL.  II.  5 


66  THE  HISTORY   OF  THE  [a.  D.   1567. 

4.  That  in  the  first  lawful  pai'liament  which  should  he 
kept,  or  sooner  if  occasion  might  serve,  the  Church  of  Christ 
within  this  kingdom  should  be  fully  restored  unto  the  patri- 
mony belonging  to  the  same,  and  nothing  be  passed  in  parlia- 
ment before  that  and  other  matters  of  the  Church  were  first 
considered  and  approved.  In  the  meanwhile  the  noblemen, 
barons,  and  other  professors  then  present,  did  willingly  offer 
and  consent  to  reform  themselves  in  the  matter  of  the  Church- 
patrimony  according  to  the  book  of  God,  and  to  put  the 
same  in  practice  for  their  own  parts,  ordaining  the  refusers 
and  contraveners  of  the  same  to  be  secluded  from  all  benefits 
of  the  Church.  It  was  farther  agreed,  that  in  the  next 
parliament,  or  otherwise  at  the  first  occasion,  order  should 
be  taken  for  the  ease  of  the  labourers  of  the  ground  in  the 
payment  of  their  tithes,  and  that  the  same  should  not  be  dis- 
poned to  any  others  without  their  advice  and  consent. 

5.  That  none  should  be  pei-mitted  to  bear  charge  in  schools, 
colleges,  and  universities,  nor  allowed  pubHcly  or  privately 
to  instruct  the  youth,  except  such  as  should  first  be  tried  by 
the  superintendents  and  visiters  of  the  Church,  who  being 
found  meet  should  be  admitted  by  them  to  their  charges. 

6.  That  all  crimes  and  off'ences  committed  against  the  law 
of  God,  should  be  severely  punished  according  to  the  word 
of  God,  and  judges  deputed  for  execution  thereof;  or,  if  there 
be  no  laws  as  yet  made,  nor  judges  appointed  for  the  punish- 
ment of  such  crimes,  that  the  same  should  be  done  in  the 
first  parhament, 

7.  That  seeing  the  horrible  murder  of  the  king,  her 
majesty's  husband,  is  a  crime  most  odious  before  God,  and 
tending  to  the  perpetual  shame  and  infamy  of  the  whole 
realm,  if  the  same  should  not  be  exemplarily  punished, 
the  noblemen,  barons,  and  other  professors  should  employ 
their  whole  forces,  strength,  and  power  for  the  just  punish- 
ment of  all  and  whatsoever  persons  that  should  be  tried  and 
found  guilty  of  the  same. 

8.  Since  it  hath  pleased  God  to  give  a  native  prince  unto 
ihb  country,  who  in  all  appearance  shall  become  their  king 
and  sovereign,  lest  he  should  be  murdered  and  wickedly 
taken  away  as  his  father  was,  the  nobility,  barons,  and  others 
under  subscribing  should  assist,  maintain,  and  defend  the 
prince  against  all  that  should  attempt  to  do  him  injury. 


A.  I).   1567.]  CHURCH  OF  SCOTLAND.  67 

9.  That  all  kings  and  princes  that  in  any  time  hereafter 
shall  happen  to  reign  and  have  the  rule  of  the  realm,  should 
in  their  first  entry,  and  before  they  be  either  crowned  or 
inaugurated,  give  their  oath  and  faithful  promise  unto  the 
true  Church  of  God,  for  maintaining  and  defending  by  all 
means  the  true  religion  of  Christ  presently  professed  within 
the  kingdom. 

10.  That  the  prince  should  be  committed  to  the  education 
of  some  wise,  godly,  and  grave  man,  to  be  trained  up  in 
virtue  and  the  fear  of  God ;  that  when  he  cometh  to  years 
he  may  discharge  himself  sufficiently  of  that  place  and  honour 
whereunto  he  is  called. 

11.  That  the  nobility,  barons,  and  others  underscribing, 
should  faithfully  promise  to  convene  themselves  in  arms  for 
the  rooting  out  of  idolatry,  especially  the  blasphemous  mass, 
without  exception  of  place  or  person.  And  likewise  should 
remove  all  idolaters,  and  others  not  admitted  to  the  preaching 
of  the  word,  from  the  bearing  of  any  function  in  the  Church, 
which  may  be  a  hindrance  to  the  ministry  in  any  sort ;  and 
in  their  places  appoint  superintendents,  ministers,  and  other 
needful  members  of  the  Church.  And  farther,  should  faith- 
fully bind  themselves  to  reform  all  schools,  colleges,  and  uni- 
versities throughout  the  realm,  by  removing  all  such  as  be 
of  contrary  profession,  and  bear  any  charge  therein,  and 
planting  faithful  teachers  in  their  rooms,  lest  the  youth 
should  be  corrupted  with  poisonable  doctrine  in  their  lesser 
years,  which  afterwards  would  not  easily  be  removed. 

These  were  the  articles  agreed  unto  by  a  common  consent, 
and  subscribed  in  the  presence  of  the  Assembly,  by  the  earls 
of  Morton,  Glencarne,  and  Mar,  the  Lords  Home,  Ruthven, 
Sanquhar,  Lindsay,  Graham,  Innermaith,  and  Ochiltrie,  and 
many  barons,  besides  the  commissioners  of  burghs. 

Upon  the  dissolving  of  this  Assembly,  the  Lords  Ruthven 
and  Lindsay  were  directed  to  Lochleven  to  deal  with  the 
queen  for  resignation  of  the  government  in  favours  of  the 
prince  her  son,  and  the  appointing  of  some  one  to  be  regent, 
who  should  have  the  administration  of  affairs  during  his 
minority.  At  first  she  took  the  proposition  grievously,  an- 
swering in  passion,  that  she  would  sooner  renounce  her  life 
than  her  crown  :  yet  after  some  rude  speeches  used  by  the 
Lord  Lindsay,  she  was  induced  to  put  her  hand  to  the  re- 


68  THE  HISTORY   OF  THE  [a.  D.  1567. 

nunciation  they  presented,  by  the  persuasion  chiefly  of  Robert 
Melvill,  who  was  sent  from  the  earl  of  Athole,  and  Lethington, 
to  advise  her  as  she  loved  her  life  not  to  refuse  any  thing 
they  did  require.  He  likewise  brought  a  letter  from  Sir 
Nicholas  Throgmorton,  the  ambassador  of  England  (who  was 
come  a  few  days  before  to  visit  her,  but  was  denied  access), 
to  the  same  effect,  declaring  that  no  resignation  made  in  the 
time  of  her  captivity  would  be  of  force,  and  in  law  was  null, 
because  done  out  of  a  just  fear :  which  having  considered 
with  herself  a  while,  without  reading  any  one  of  the  writs 
presented,  she  set  her  hand  to  the  same,  the  tears  running 
down  in  abundance  from  her  eyes.  One  of  the  writs  con- 
tained a  renunciation  of  the  crown  and  royal  dignity,  with  a 
commission  to  invest  the  prince  into  the  kingdom  by  the 
solemnities  accustomed.  And  to  that  purpose  a  procuration 
was  given  to  the  Lords  Ruthven  and  Lindsay  for  demitting 
and  resigning  in  presence  of  the  three  Estates  the  rule  and 
government ;  and  to  the  earls  of  Morton,  Athole,  Mar,  Glen- 
carne,  and  Menteith,  and  to  the  Lords  Graham  and  Home, 
with  the  bishop  of  Orkney,  and  the  provosts  of  Dundee  and 
Montrose,  for  inaugurating  the  prince  her  son.  The  other 
writ  did  appoint  the  earl  of  Murray  regent  during  the  prince 
his  minority,  if  at  his  return  he  should  accept  of  the  charge. 
And  in  case  of  his  refuse,  the  duke  of  Chatelherault,  the 
earls  of  Lennox,  Argyle,  Athole,  Morton,  Glencarne,  and 
Mar,  who  should  jointly  govern  and  administrate  the  public 
aifairs. 

Both  the  renunciation  and  commission  for  government  of 
the  realm  were  the  next  day  published  at  the  market-cross  of 
Edinburgh  ;  and  the  third  day  after  the  publication  (which 
was  the  twenty-ninth  of  July)  was  the  prince  crowned  and 
anointed  king  in  the  church  of  Stirling  by  the  bishop  of 
Orkney,  assisted  by  two  of  the  superintendents.  The  ser- 
mon was  made  by  John  Knox  :  the  earl  of  Morton  and  the 
Lord  Home  took  the  oath  for  the  king,  that  he  should  main- 
tain the  religion  received,  and  minister  justice  equally  to  all 
the  subjects.  The  English  ambassador,  though  he  was  in 
town,  refused  his  presence  to  that  solemnity,  lest  he  should 
seem  to  approve  the  abdication  of  the  queen's  government. 
Now  how  soon  the  news  came  to  France  (and  they  came  in 
great  haste)  the  earl  of  Murray  prepared  to  return ;  whereof 


A,  D.  1567.]  CHURCH  of  Scotland.  69 

the  archbishop  of  Glasgow  getting  intelligence  (who  lay  there 
ambassador  for  the  queen),  he  laboured  earnestly  to  have  him 
detained,  informing  that  he  was  the  head  of  the  faction  raised 
against  the  queen,  and  that  he  was  called  home  to  be  their 
leader.  But  he  had  taken  his  leave  some  hours  before  of  the 
court,  and  used  such  diligence,  as  they  who  were  sent  to  stay 
him  found  that  he  was  loosed  from  Dieppe  before  their 
coming. 

Returning  by  England,  he  came  the  eleventh  of  August  to 
Edinburgh,  where  he  was  received  with  a  wonderful  joy. 
Great  instance  was  used  to  have  him  accept  the  regency  ;  at 
which  they  said  no  man  would  grudge,  he  being  named  by 
the  queen,  and  having  given  all  good  men  sufficient  experi- 
ments of  his  worth.  Some  few  days  he  desired  to  advise,  in 
which  time  he  visited  the  queen  at  Lochleven,  and  sent  letters 
to  the  noblemen  of  the  other  faction,  especially  to  the  earl  of 
Argyle,  with  whom  he  had  kept  an  entire  friendship  of  a 
long  time,  showing  in  what  sort  he  was  pressed  by  the  lords 
that  maintained  the  king's  authority,  and  entreating  him  by 
the  bonds  of  kindred,  the  familiarity  they  had  long  kept,  and 
by  the  love  he  bare  to  his  native  country,  to  appoint  a  place 
where  he  might  confer  with  him,  and  have  his  counsel  in  that 
business. 

To  the  rest  he  wrote  according  to  the  acquaintance  he  had 
with  them,  and  as  their  place  and  dignity  required.  Of 
them  all  in  common  he  desired  that  they  would  be  pleased  to 
design  a  place  of  meeting,  where  they  might  by  common  ad- 
vice provide  for  the  safety  of  the  kingdom,  which  in  that 
troubled  time  could  not  long  subsist  without  some  one  to  rule 
and  govern. 

But  finding  them  all  to  decline  the  meeting,  and  being  im- 
portuned on  the  other  side  by  those  of  the  king's  faction  to 
undertake  the  charge,  he  resolved  to  accept  the  same ;  and 
in  a  convention  of  noblemen  and  others  of  the  Estates  kept  at 
Edinburgh  the  twentieth  of  August,  was  elected  regent  with 
a  great  applause  of  all  that  were  present.  The  same  day 
was  his  election  published,  and  charge  given  to  all  the  sub- 
jects for  acknowledging  and  obeying  him  as  regent  and 
governor  of  the  realm  unto  the  king's  majority. 


4 


NOTE  TO  BOOK  IV.     P.  54. 


ADAM  BOTHWELL,  BISHOP  OF  ORKNEY. 

[No  one  is  more  closely  connected  with  the  history  of  Mary,  Queen  of  Scots, 
than  Adam  Bothwell,  bishop  of  Orkney.  He  was  of  the  number  who  went  to 
France  to  anticipate  her  favour,  and  to  escort  her  home.  He  joined  her  in  mar- 
riage with  the  infamous  Hepburn,  earl  of  Bothwell.  At  the  coronation  of 
James  VI.  he  anointed  the  infant  king.  He  was  of  the  commission  that  accused 
her  at  York.  He  accompanied  Sir  WiUiam  Murray  of  TuUibardine,  and  Sir 
William  Kirkcaldy  of  Grange,  in  their  desperate  but  unsuccessful  pursuit  of  the 
Duke  of  Orkney.  He  was  continually  embroiled  with  Church  and  State.  Yet 
he  contrived  to  fare  luxuriously  every  day,  to  die  in  his  bed,  and  to  obtain  a 
resting-place  and  eulogistic  tombstone  in  the  Abbey  of  Holj-roodhouse,  which 
venerable  name  became  the  title  of  a  peerage  to  his  eldest  son.  The  domestic 
history  of  this  remarkable  personage  is  scarcely  known,  and  we  give  it  here 
from  sources  not  very  accessible  to  the  general  reader. 

His  father,  Francis  Bothwell,  was  one  of  the  most  distinguished  burgesses  of 
Edinburgh  in  the  reign  of  James  V.  For  many  years  he  presided  over  the 
counsels  of  his  native  town,  and  aided  those  of  the  state,  both  legislative  and 
judicial,  with  an  honest  energy  of  character  and  talents  that  had  fallen  on  evil 
times.  At  the  crisis  of  the  battle  of  Flodden,  when  the  magistrates  and  citizens 
of  Edinburgh  distinguished  themselves  both  by  their  devotion  in  the  field,  and 
by  the  wisdom  and  firmness  with  which  they  met  and  provided  for  the  exigen- 
cies of  a  moment  so  fatal  to  Scotland,  Francis  Bothwell  ranked  foremost  among 
his  fellow-citizens.  In  the  course  of  the  period  between  the  years  1514  and  1524, 
he  passed  successively  through  all  the  dignified  civic  ofiices,  during  the  unpopular 
regency  of  Albany.  The  following  document,  from  the  ancient  records  of  the 
city  of  Edinburgh,  is  so  curiously  characteristic  of  the  times  in  Scotland,  that  we 
must  give  it  verbatim  : — 

"  17  April  1518,  the  12th  hour.— The  quliilk,  in  presence  of  the  president,  bail- 
lies,  counsall,  and  communitie,  Maister  Francis  Boithwell  producit  my  Lord 
Erie  of  Aran's,  principall  provest,  writings  and  charge,  till  excuse  him  fra  the 
office  of  little  Johne,  to  the  quhilk  he  was  chosen  for  this  year  ;  desyrand  the 
samyn  to  be  obeyit,  and  the  tenour  ihairof  to  be  incertit  in  this  instrument ;  the 
quhilk  tenour  of  the  said  writing  foUowis  :  '  President,  baiUies,  and  counsall  of 
Edmburgh,  we  greet  you  weill  ;  it  is  understand  to  us,  that  Maister  Francis 
Boithwell,  your  nichtbour,  is  chosen  to  little  Johne, /or  to  mak  sports  andjoscosi- 
iies  in  the  toune ;  the  quhilk  is  a  man  to  be  usit  in  hiear  and  graver  matters,  and 
als  is  upon  his  viage  to  pas  beyond  sey  his  neidfull  erandis;  quharfor  we  request 
and  prayis,  and  als  chargis  you,  that  ye  hold  him  excusit  at  this  tyme  ;  and  wa 
be  this  our  wrytingis  remittis  to  him  the  law,  gif  ony  he  has  incurrit,  for  none 
excepping  of  the  said  office,  discharging  you  of  ony  poynding  of  him  tharfor. 
Subscrivit  with  our  hands  at  Linlithgow  the  12th  day  of  April,  the  zeir  of  God 
1518.  Youris,  James,  Erle  of  Arane.'  The  quhilk  wrytingis  the  said  Maister 
Francis  allegit  war  nocht  fulfiUit  nor  obeyit;  and  tharfor  he  protestit  that  quhat 


72  NOTE  TO  BOOK  IV. 

evir  war  done  in  the  contrar,  turn  him  to  na  prejudice;  and  for  remeid  of  law, 
tyme  and  place  quhar  it  efferis." 

Thus  it  seems  that  this  tyrannical  mummery  was  forced,  under  severe  penal- 
ties, upon  the  most  distinguished  citizens.  The  date  of  this  very  curious  instru- 
ment is  only  a  few  years  after  the  fatal  Flodden,  and  doubtless  the  graver 
citizens  were  even  yet  not  quite  in  trim  for  sports  and  joscosities. 

"  Hei  mihi !  difficile  est  imitari  gaudia  falsa, 
Difficile  est  tristi  fingere  mente  jocum." 

Not  long  afterwards,  Francis  Bothwell  occupied  the  place  of  the  Earl  of 
Arran,  as  Provost  of  Edinburgh,  an  office  then  of  high  distinction.  Subsequently 
he  appears  as  commissioner  for  the  burghs,  a  lord  of  the  articles,  royal  commis- 
sioner, and  finally,  one  of  the  original  ffteen  who  composed  the  bench  of  the 
College  of  Justice  when  first  instituted  by  James  V.  in  1532.  Nisbet,  in  his 
great  heraldic  work,  generally  very  accurate,  records  that  Adam  Bothwell  was 
the  second  sou  of  Francis  by  his  first  wife,  a  daughter  of  Patrick  Richardson  of 
Meldrumsheugh.  On  searching  the  records  of  the  city  of  Edinburgh,  however, 
I  found  that  Francis  Bothwell  married,  secondly,  Katherine  Bellenden,  and  by 
her  had  two  children,  Adam,  afterwards  bishop  of  Orkney,  and  Janet,  who  be- 
came the  wife  of  Sir  Archibald  Napier  of  Merchiston,  and  mother  of  the  cele- 
brated John  Napier,  the  author  and  inventor  of  the  Logarithmic  Canon.  Hence 
it  is  that  some  curious  letters  of  this  prelate's  are  still  preserved  in  the  charter- 
chest  of  the  present  Lord  Napier.  We  find  a  very  interesting  sentence  relat- 
ing to  the  great  Napier,  in  a  letter  addressed  to  his  father  Sir  Archibald  Napier 
by  the  bishop  of  Orkney,  and  dated  5th  December  1560  : — 

"  I  pray  you,  Schir,  to  send  your  sone  Jlione  to  the  schnyllis ;  oyer  to  France 
or  Flandaris ;  for  he  can  leyr  na  guid  at  harae,  nor  get  na  profFeit  in  this 
maist  peruUus  wordle  ;  that  he  may  be  savet  in  it ;  that  he  may  do  frendis 
efter  honour  and  proffeit,  as  I  dout  not  hot  he  will." 

In  this  correspondence  with  his  brother-in-law,  the  bishop  affijrds  some  curi- 
ous glimpses  of  the  manners  and  state  of  those  rude  and  turbulent  times.  He 
was  the  first  reformed  bishop  of  Orkney ;  but  he  seems  to  have  joined  the  infant 
Church  rather  from  a  sense  of  the  staggering  state  of  the  old  religion,  than  be- 
cause he  entertained  any  abhorrence  of  its  corruptions.  In  1552,  he  succeeded 
his  brother  William,  who  had  succeeded  their  paternal  uncle  Richard,  as  rector 
of  Eskirk.  From  the  register  of  the  privy-seal,  it  appears  that  Adam  Bothwell 
was  preferred  to  all  the  temporalities  of  the  see  of  Orkney  on  the  11th  October 
1559.  He  is  designed  bishop  of  Orkney  in  the  grant,  and  must  have  been 
elected  by  the  chapter  previous  to  that  date.  At  this  time  he  was  about  thirty 
years  of  age.  His  immediate  predecessor  was  Bishop  Reid,  amost  distinguished 
prelate,  statesman,  and  patron  of  letters,  president  of  the  College  of  Justice,  and 
one  of  the  unfortunate  ambassadors  who  were  sent  to  arrange  the  preliminaries 
of  Mary's  marriage  with  the  dauphin.  Most  of  these,  and  among  the  rest 
Bishop  Reid,  died,  under  strong  suspicion  of  poison,  on  their  way  home  in  1558. 
His  reformed  successor  was  continually  in  the  midst  of  what  he  called  cum- 
meris,  that  is,  vexation  or  turmoil.  Keith  says  that  Adam  of  Orkney  appears 
never  to  have  taken  any  charge  of  his  cure.  But  the  bishop's  letters  prove  this 
to  be  a  mistake,  although  he  was  by  no  means  an  exemplary  prelate.  In  a  letter 
dated  5th  February  1561,  he  complains  grievously  of  a  conspiracy  of  some  of 
the  Sinclairs  against  him  in  Orkney,  instigated,  as  he  says,  by  the  lord  justice- 
clerk,  Sir  John  Bellenden,  who  was  a  near  relation  of  his  own.  Collecting  a 
mob,  they  took  and  kept  violent  possession  of  his  house  or  palace  of  Birsay  ;  and 
it  is  curious  to  find,  in  a  letter  nearly  three  centuries  old,  the  familiar  complaint 
that  factious  men  were  creating  a  riot,  by  misleading  the  ignorant  with  false 
promises  of  freedom  and  independence.  Henry  and  Robert  Sinclair,  he  says, 
"  beand  instigat  be  the  justice-clerk,  quha  maryet  with  thaime  twa  sisteris,  to 


NOTE  TO  BOOK  IV.  73 

loup  in  ane  of  my  plaices  callet  Birsay,  quhilk  they  kepit,  and  thaireftyr  on  bes- 
set  the  way  quhairbe  I  was  to  cum  haimo  from  my  visitatioun,  with  gret 
nomber  oflf  commonis,  quhem  thai  pat  than  iu  beleiff  to  leifF  frelie,  and  to  knaw 
na  superiouris  in  na  tymis  cumyn  ;  quhilks  be  Goddis  graice  haid  na  powair  to 
hairme  me,  althocht  thair  uttir  purpos  was  at  thair  hethir  cumyn,  to  haiflF  alder 
slaine  me,  or  taken  me."  This  riot  appears  to  have  been  connected  with  the  re- 
formation of  religion  ;  papists,  however,  being  in  this  instance  the  rioters.  For 
the  bishop  adds,  that  there  being  convened  "  ane  gret  multitude  of  the  commonis, 
at  the  first  held  court  eftyr  Yeuil  (1560),  quhen  thai  were  all  gatheret  and  in- 
quyret  be  certain  off  my  messengeris,  send  to  thaime  to  that  effek,  giff  thai 
wold  be  content  off  mutatioun  off  religion,  quhilk  thai  reffuset,  and  that  notwith- 
standing I  cloisset  my  kirk  dorris,  and  lies  thoilet  na  mess  to  be  said  thairin 
sensyne  ;  quhowbeit  thai  wer  sua  irritat  thairbe,  that  eftyr  thai  haid  requyret 
me  sindrie  tymes  to  let  thaime  in  to  that  effek,  at  last  gaderet  together  in  gret 
multitud,  brocht  ane  preist  to  ane  chapell  hard  at  the  scheik  of  the  schamber 
quhair  I  was  lyan  seik,  and  thair  causset  do  mess,  and  marj-e  certain  pairis  in 
the  auld  maner.  This  was  doune  on  Sonday  last,  quhilk  I  culd  not  stoppe  with- 
out I  wold  have  committit  slauchter."  These  letters  are  full  of  threats,  which 
he  soon  afterwards  fulfilled,  of  going  to  France  to  pour  his  grievances  into  the 
royal  ear.  There,  in  the  spring  of  the  year  1561,  he  joined  the  young  queen, 
now  on  the  eve  of  embarking  on  that  sea  of  troubles  where  her  fortunes  and 
her  fame  were  wrecked.  The  most  luxurious  crown  in  Christendom  had  just  de- 
parted from  her  ;  and,  as  an  earnest  of  that  which  was  to  replace  it,  on  one  side 
her  bastard-brother  reminded  her  of  the  ascendency  of  protestantism  ;  on  the 
other,  John  Lesley,  afterwards  bishop  of  Ross,  warned  her,  iu  the  name  of  all  the 
saints,  against  the  intrigues  and  ambition  of  her  sinister  brother;  and  between 
whiles,  that  indefatigable  bore,  the  bishop  of  Orkney,  fatigued  her  with  com- 
plaints against  the  lord  justice-clerk.  This  latter  worthy  was  Sir  John  Bel- 
lenden  of  Auchinoul,  a  nephew  of  Katherine  Bellendeu,  the  bishop's  mother,  she 
being  the  sister  of  Sir  Thomas  Bellenden  of  Auchinoul,  also  justice-clerk,  and 
director  of  chancery  to  James  V.  Another  curious  family  connexion  is  thus 
brought  out.  Katherine  Bellenden,  the  grandmother  of  the  inventor  of  logar- 
ithms, and  the  mother  of  the  bishop  of  Orkney,  was  subsequently  married  to 
the  notorious  Oliver  Sinclair,  whose  ill-fated  elevation  in  the  affections  of  James 
V.  led  to  the  untimely  death  of  that  monarch.  This  alliance  accounts  for  these 
expressions  in  one  of  the  bishop's  letters,—"  Olyfer  Sinclair,  my  gud-father." 
Bedford  and  Randolph,  iu  their  letter  to  the  council  in  England,  narrating  the 
particulars  of  the  murder  of  Rizio,  say,  "  There  were  in  this  companie  two 
that  came  in  with  the  king,  the  one,  Andrew  Car  of  Fawdenside,  whom  the 
queen  say th  would  have  stroken  her  with  a  dagger  ;  and  one  Patrick  Balentine, 
brother  to  the  justice-clerk,  who,  also  her  Grace  sayeth,  offered  a  dag  against 
her  belly  with  the  cock  down."  Thus,  the  cousin-german  of  the  bishop,  who 
anointed  the  infant  James,  had  threatened  his  life  before  he  was  born.  From 
some  expressions  in  the  justice-clerk's  will,  he  had  stood  in  loco  parentis  to 
Adam  Bothwell,  and  seems  to  have  ruled  him  throughout.  Sir  John  Bellen- 
den was  particularly  active  in  promoting  the  marriage  between  Mary  and  the 
earl  of  Bothwell ;  and  as  great  difiiculty  was  experienced  in  prevailing  upon  a 
protestant  clergyman  to  perform  the  ofiice,  he  had  procured  and  probably  ex- 
torted the  services  of  Adam  of  Orkney.  "  Unus,"  says  Buchanan,  with  the 
severest  point  of  his  elegant  latinity,  "  Orcadum  Episcopus,  est  inventus,  qui 
gratiam  aulicam  veritati  prseferret,  cseteris  reclamantibus,  causasque  proferenti- 
bus,  cur  legitimse  non  essent  nuptiffi  cum  eo,  qui  duas  uxores  adhuc  vivas  haberet, 
tertiam,  ipse  nuper  suum  passus  adulterium,  dimisisset,"  ti.c.  But  this  brought 
the  bishop  into  sad  cummer  with  the  Kirk,  and  he  hastened  to  redeem  his 
error  by  becoming  conspicuous  in  the  ranks  of  Mary's  persecutors.  Dr 
Barry,  in  his  history  of  the  Orkney  Islands,  says  of  Adam  Bothwell,  "  Not- 


74  NOTE  TO  BOOK  IV. 

withstanding  his  having  joined  the  enemies  of  the  queen,  Mary  seems  still 
to  have  retained  for  him  some  degree  of  her  former  favour ;  for  when  her 
unfortunate  circumstances  compelled  her  to  resign  the  crown,  she  granted 
a  procuration  to  him  to  inaugurate  her  son,  the  young  prince,  which  was 
accordingly  done  at  Stirling,"  (p.  244).  This  is  a  great  mistake.  Mary 
never  even  read  the  deed  which  named  the  bishop.  It  was  her  enemies  who 
devolved  the  office  upon  him,  not  as  her  friend,  but  as  their  creature.  Then 
came  the  coronation,  where,  "  be  the  ministration  of  the  said  reverend  fader, 
Adame,  bishope  of  Orkuay,  was  anointed  the  said  maist  excellent  prince,  in  king 
of  this  realme  and  dominions  thereof,"  &c.  "  quhairupon  the  said  Sir  John  Bel- 
lenden,  justice-clerk,  in  name  of  the  said  Estaitis,  and  also  John  Knox,  minister, 
and  Robert  Campbell  of  Kinzeancleugh,  asked  actis,  instrumentis,  and  documen- 
tis."    (Privy-council  Records.) 

It  is  somewhat  remarkable  that  our  author,  Spottiswoode,  when  recording 
the  attempt  to  seize  the  person  of  the  fugitive  and  piratical  duke  of  Orkney, 
makes  no  mention  of  the  fact  that  the  bishop  of  Orkney  was  a  party  to  that  dan- 
gerous enterprise,  and  was  thereby  placed  in  one  of  the  most  extraordinary 
predicaments  that  ever  befell  a  bishop.  This  strange  and  graphic  incident  had 
also  escaped  the  research  of  Mr  Tytler. 

In  the  Register  of  the  Privy-council  there  is  a  charge,  dated  10th  August 
1567,  to  some  particular  masters  of  ships  belongiug  to  the  town  of  Dundee,  and 
in  general  to  "  all  masters  of  ships,  and  other  mariners,  indwellers  within  the 
burgh,  to  prepare  themselves  and  their  ships  to  pass  with  Sir  William  Murray 
of  Tullibardine,  the  comptroller,  in  quest  of  the  earl  of  Bothwell,  within  six 
hours  after  they  be  charged  ;  and  on  the  11th  day  of  the  same  month,  there  is  a 
commission  to  Sir  William  Murray,  comptroller,  and  Sir  William  Kirkcaldy  of 
Grange,  to  convey  the  king's  lieges  in  warlike  manner,  and  provide  ships  to 
pursue  the  earl  of  Bothwell,  his  assistars  or  colleagues,  by  sea  or  land,  with 
fire,  sword,  and  all  kind  of  hostility,  and  fence  and  hold  courts  of  justice  where- 
soever they  shall  think  good." 

Sir  James  Melville,  in  his  very  curious  contemporary  Memoirs,  speaking  of 
this  expedition  says  :  "  Now  the  lard  of  Grange  twa  schippis  being  in  rediness, 
he  maid  saill  towardis  Orkeney  ;  and  na  man  was  sa/rafe  (alert)  to  accompany 
hyra  as  the  lard  of  Tullibardin  and  Adam  Bodowell,  bishop  of  Orkenay."  From 
the  records  of  the  privy-council,  however,  it  appears  that  Tullibardine  was  com- 
missioned by  government  as  leader  in  the  expedition.  The  presence  of  the 
bishop  remains  to  be  accounted  for,  as  no  man  was  more  studious  of  his  ease,  or 
more  anxious  to  avoid  the  cummer  in  which  he  was  perpetually  involved.  The 
warlike  barons,  it  will  be  observed,  were  not  only  authorized  to  apprehend  the 
duke  of  Orkney,  but  to  hold  courts  of  justice  wherever  they  might  take  him, 
obviously  for  the  purpose  of  his  immediate  condemnation.  It  was  of  consequence 
to  the  Morton  faction  that  he  should  be  instantly  put  out  of  the  way,  and  in  a 
manner  least  likely  to  elicit  disclosures  ;  therefore,  to  countenance  and  aid 
these  barons  in  their  judicial  functions,  Adam  Bothwell,  a  privy-councillor, 
and  a  lord  of  Session,  accompanied  the  expedition,  and  doubtless  had  his 
instructions.  Moreover,  the  keeper  of  the  castle  of  Kirkwall,  in  which  the 
fugitive  nobleman  had  hoped  to  be  able  to  fortify  himself,  was  Gilbert  Balfour, 
a  dependant  of  the  bishop's,  and  married  to  his  sister,  Margaret  Bothwell. 
Upon  the  19th  of  August  1567,  their  armament  was  complete,  and  set  sail  for 
the  Orkneys.  They  had  five  ships,  heavily  armed,  and  carrying  400  soldiers. 
Even  the  bishop  had  clothed  himself  in  weighty  armour,  or,  as  Godscroft  says, 
a  corslet  of  proof.  It  would  have  been  singular  had  he  presided  at  the 
trial  and  condemnation  of  the  man  whom  he  had  united  to  liis  sovereign  so 
recently  before.  The  event  was  otherwise  ordered.  Having  reached  the 
Orkneys,  they  were  directed  by  Gilbert  Balfour  to  Shetland,  in  search  of  their 
prey.    It  was  not  long  ere  they  descried  two  vessels  cruising  oif  the  east  coast 


NOTE  TO  BOOK  IV.  75 

of  Shetland,  where  currents,  tides,  and  whirlpools  threatened  destruction  to  the 
most  skilful  navigator.  These  were  the  piratical  duke's,  on  the  look-out,  and 
manned  by  desperate  seamen.  Grange,  who  commanded  the  swiftest  of  the 
government  ships,  shot  ahead,  and  approached  Bressa  Sound,  through  which 
the  pirates  steered.  Ouwurd  pressed  their  pursuers,  and  every  nerve  was 
strained  on  board  the  Unicorn,  Grange's  ship,  to  gain  their  object.  The  man- 
oeuvre of  the  fugitives  would  have  sufficed  for  a  romance  of  Cooper's.  So  close 
was  the  chase,  that  when  the  pirate  escaped  by  the  north  passage  of  the  Souud, 
Grange  came  in  by  the  south,  and  continued  the  chase  northward.  But  the 
pirates  were  familiar  with  those  narrow  and  dangerous  seas.  They  knew  how 
lightly  their  own  vessels  could  dash  through  the  boiling  eddy  that  indicated  a 
sunken  rock,  and  had  discerned  at  a  glance  what  would  be  the  fate  of  their  bulky 
pursuers  if  they  dared  to  follow  in  their  desperate  wake.  They  steered  accordingly 
directly  for  the  breakers,  and  though  the  keel  grazed  the  rocks,  their  vessel  dashed 
through  the  cresting  foam  into  a  safer  sea.  Grange  ordered  every  sail  to  be  set,  to 
impel  the  Unicorn  in  the  very  same  track.  In  vain  his  more  experienced  marinei's 
remonstrated.  The  warrior  baron,  as  if  leading  a  charge  of  horse  on  the  plains 
of  Flanders,  rushed  on  the  breakers,  and  instantly  his  gallant  ship  was  a  wreck. 
There  was  just  time  to  hoist  out  a  boat,  and  by  dint  of  great  exertions  to  save 
those  on  board.  As  it  was,  the  bishop  of  Orkney,  encumbered  vnth.  armour 
which  he  was  not  accustomed  to  wear,  was  left  behind  chnging  alone  to  the 
wreck.  The  boat  being  already  on  its  way,  and  deeply  laden,  it  seemed  impos- 
sible to  save  him.  His  cries  reached  them,  but  were  disregarded.  Another  in- 
stant of  delay  and  he  would  have  perished,  when,  collecting  all  his  energies,  he 
sprang  into  the  midst  of  the  crowded  boat,  causing  it  to  reel  with  his  additional 
weight,  "which,"  says  Hume  of  Godscroft,  who  records  the  incident,  "was 
thought  a  strange  leap,  especially  not  to  have  overturned  the  boat."  The 
bishop's  loup  was  long  remembered,  and  the  rock  from  which  he  sprang  was 
called  the  Unicorn  ever  after. 

It  is  remarkable  that  at  the  very  time  when  the  bishop  of  Orkney  was  thus  zeal- 
ous in  the  cause  of  the  Kirk,  the  General  Assembly  entertained  the  highest  indig- 
nation against  him ;  and  he  had  other  breakers  to  pass  through  besides  those  of  the 
Unicorn.  In  the  Assembly  held  at  Edinburgh  on  the  25th  December  1567,  just  five 
months  after  the  exploit  above  narrated,  "  Adam,  called  bishop  of  Orkney,  com  - 
missioner  of  Orkney,  being  absent,  was  delated  for  not  visiting  the  kirks  of  his 
country  but  from  Lambmess  to  Hallowmess :  Item,— Tha.t  he  occupied  the  room  of 
a  judge  of  the  session,  the  sheep  wandering  without  a  pastor  :  /i(e?H,— Because  he 
retained  in  his  own  company  Sir  Francis  Bothwell,  a  papist,  to  whom  he  had 
given  benefices,  and  placed  a  minister  :  Item, — Because  he  solemnized  the  mar- 
riage of  tho  queen  and  the  earl  of  Bothwell,  which  was  altogether  wicked,  and 
contrarie  to  God's  law  and  the  statutes  of  the  Kirk."  (Calderwood.)  And  in 
the  acts  of  that  Assembly  wo  find,  "  Anent  the  mariage  of  the  queen  with  the 
earl  of  Bothwell,  be  Adam  caUit  bischop  of  Orkney,  the  haill  Kirk  finds  that 
he  trans.:;rest  the  act  of  the  Kirk  in  marieing  tho  devorcit  adulterer  ;  and  there- 
fore deprives  him  fra  all  function  of  the  ministrie,  conform  to  the  tenor  of  the 
act  made  thereupon,  ay  and  quhyll  the  Kirk  be  satisfyit  of  the  slander  committet 
by  him."  Calderwood  adds  :  "  Adam,  called  bishop  of  Orkney,  pretended  he 
might  not  remain  in  Orkney  by  reason  of  the  evil  air  and  weakness  of  his  body. 
He  denied  that  he  understood  Francis  Bothwell  to  be  a  papist,  or  that  he  placed 
him  in  the  ministry."  Thereafter,  however,  appears  an  act  of  the  General 
Assembly  restoring  the  bishop  on  the  10th  of  July  1568,  in  these  terms  : 
"  Toutching  the  bischop  of  Orkney's  suspensione  from  tho  ministrie,  the  last 
Assemblie,  and  his  obedience  and  submission,  the  Kirk  restoris  him  again  to  the 
ministrie  of  the  word,  and  als  ordains  him,  on  some  Sonday  quhen  he  best  may 
for  the  waikness  of  his  body,  to  mak  an  sermoun  in  the  Kirk  of  Holieruidhouse, 
and  in  the  end  thereof  to  confess  his  ofi"ence  in  marieing  the  queeno  with  the 


76  NOTE  TO  BOOK  IV, 

erle  of  Bothwell ;  and  desire  the  Kirk  thair  present  for  the  time,  to  forgive  him 
his  offence  and  sclander  given  be  him  in  doing  the  fornamit  act :  the  quhilk  he 
promisit  to  do."  Shortly  before  the  date  of  this  act,  namely,  on  Sunday  2d  of 
May  1568,  the  queen  had  escaped  from  Lochleven  ;  and  on  the  13th  of  the  same 
month  was  fought  the  battle  of  Langside.  A  scene,  the  most  disgraceful  to  both 
countries,  now  occurred  at  the  conferences  held  at  York  and  Westminster,  when 
a  rebel  faction  familiar  with  the  darkest  crimes,  and  a  rival  queen  destitute  of 
every  feminine  virtue,  combined  to  consummate  the  ruin  of  the  queen  of  Scots. 
Consi^icuous  on  the  commission  against  her  was  the  bishop  of  Orkney  ;  and  there 
is  one  scene  of  those  extraordinary  proceedings,  unnoticed  by  our  author,  where- 
in the  frak  bishop  became  ludicrously  conspicuous.  When  the  commissioners 
first  met  at  York,  the  duke  of  Norfolk  cast  various  obstacles  in  the  way  of  the 
accusation,  and,  after  sounding  Lethington,  opened  a  secret  conference  with  him 
and  the  Regent  Murray,  the  object  of  which  was  to  frustrate  the  designs  of 
Elizabeth.  No  one  was  privy  to  this  counterplot  except  Norfolk,  Murray,  Leth- 
ington, and  James  Melville,  and  their  plan  is  minutely  recorded  by  the  latter. 
The  duke,  after  expressing  his  private  astonishment  and  horror  at  the  step  the 
commissioners  were  about  to  take,  in  accusing  their  sovereign  of  murder  before 
a  foreign  tribunal,  assured  them  that  neither  his  royal  mistress  nor  himself 
would  pronounce  any  decree  or  sentence  upon  their  accusation  ;  and  to  test  this, 
he  advised  his  associates  in  this  cabal,  that  whenever  he  required  them  before 
the  council  to  give  in  their  written  accusation,  they  should  demand,  as  a  pre- 
liminary, that,  upon  their  accusation  being  given  in,  the  queen  of  England 
should  immediately  proceed  to  conviction  and  sentence,  and  that  this  should  be 
guaranteed  to  them  under  her  majesty's  hand  and  seal,  before  they  "  opened 
their  pack."  The  accusation  here  alluded  to  was  one  in  writing,  which  Murray 
and  his  crew  held  in  petto,  denouncing  Mary  as  a  murderess,  her  marriage 
to  Bothwell  being  urged  as  the  principal  proof,  and  her  keenest  accuser 
being  the  very  bishop  who  had  pronounced  his  blessing  over  that  union. 
Elizabeth  vehemently  desired  that  this  accusation  should  be  presented,  but 
unconditionally  ;  and  when  the  counter-claim  suggested  by  Norfolk  was 
put  in,  the  delay  occasioned  by  coiamunicating  with  her  majesty  caused  the 
commission  to  be  removed  from  York  to  Westminster.  The  Regent  Murray, 
whose  conduct  bewildered  such  of  his  colleagues  as  were  not  in  the  secret, 
was  incessantly  importuned  by  the  bishop  of  Orkney  to  give  in  the  accusa- 
tion unconditionally.  At  length  Morton  discovered  the  substance  of  what 
had  passed  between  the  duke  and  the  regent,  and,  highly  offended  at  the 
exclusion  of  himself  from  their  conference,  laid  a  plan  to  defeat  its  object. 
Murray's  secretary,  John  Wood,  a  thorough-paced  traitor,  was  made  to  dis- 
close the  whole  matter  to  Cecil,  who  at  their  suggestion  became  more  and  more 
urgent.  They  pretended,  however,  to  stand  by  the  condition  to  which  Murray 
had  pledged  himself.  The  secretary,  Wood,  said  it  was  proper  to  take  all  the 
wi-its  to  the  council-room,  but  that  he  would  keep  the  written  accusation  in  his 
bosom,  and  would  not  deliver  it  up,  except  the  condition  were  fulfilled.  When 
the  council  met,  the  duke  of  Norfolk  asked  for  the  accusation.  The  regent 
again  desired  the  queen  of  England's  assurance,  under  hand  and  seal,  that  she 
would  proceed  to  conviction  and  sentence.  It  was  answered,  that  her  majesty 
was  a  true  princess,  and  her  word  was  sufficient.  A  general  cry  then  arose, 
on  both  sides,  against  the  regent's  seeming  to  doubt  the  word  of  Elizabeth. 
Her  secretary,  Cecil,  asked  if  they  had  the  written  accusation  there.  The  rest 
of  the  scene  is  so  graphically  told  by  Sir  James  Melville,  who  was  present,  that 
we  must  give  it  in  his  own  words  :  "  '  Yes,'  said  Mester  Jhon  Wod  (with 
that  he  plucks  it  out  of  his  bosom), '  bot  I  will  not  delyver  it  untill  her  majesteis 
handwret  and  scale  be  delyverit  to  my  Lord.'  Then  the  bishop  of  Orkney  cleakis 
the  wret  out  of  Mester  Jhon  Wodis  hands  :  '  Let  me  have  it,  I  sail  present  it,' 
said  lie  :  Mr  Jhon  ran  efter  him  as  gene  he  wald  have  had  it  again,  or  riven  his 


NOTE  TO  BOOK.  IV,  77 

clais  :  Forward  past  the  bishop  to  the  counsaile  table,  and  gave  in  the  accusa- 
tion :  Then  said  to  him,  my  Lord  Willyem  Hauvert  (Howard),  cliamberlan, 
'  iveill  done  Bischop  Turpy  ;  thou  art  the  frackest  feloiv  among  them ;  none  of 
them  ivill  mak  thy  loup  gud,'  scornen  him  for  his  lowping  out  of  the  lard  of 
Grange  schip."  After  some  little  confusion,  occasioned  by  this  harlequinade  of 
the  bishop's,  Melville  adds  :  "  The  due  of  Norfolk  had  anough  ado  to  keip  his 
contenance  ;  Mr  Jhon  Wod  winket  upon  the  Secretary  Cecill,  wha  smyled 
again  upon  him  ;  the  rest  of  the  regcntis  company  were  lauchen  upon  other  ; 
the  secretary  Liddingtoun  had  a  sair  hart ;  the  regent  cam  fourth  of  the  coun- 
saill  house  with  a  tear  in  his  eye,  and  past  to  his  lodging  in  Kingistoun,  a  myll 
from  court,  where  his  factious  frendis  had  anough  ado  to  comfort  him." 

The  Church  was  not  appeased  by  the  bishop's  ludicrous  activity  upon  this 
disreputable  service.  The  commissioners  returned  in  the  month  of  February 
1569  ;  and  in  the  General  Assembly  held  in  June  following,  "  Adam  Bishop  of 
Orknay  was  accused  for  not  fulfilling  of  the  injunction  appointed  by  the  As- 
sembly in  the  month  of  July  15G8."  No  further  notice  of  him  appears  in  the 
acts  of  Assembly  until  the  25th  of  February  1570,  when  the  following  detailed 
accusation  stands  recorded  against  him  :  "  Adam  of  Orknay  being  called  to  the 
office  of  a  bishoprick,  and  promoted  to  the  profits  thereof,  and  suffered  by  the 
Kirk,  receives  charge  to  preach  the  Evangell,  to  be  also  commissioner  of  the 
country  of  Orknay,  which  he  received  and  exercised  for  a  certain  space  ;  while 
now  of  late  he  made  a  simoniacall  change  with  the  abbacie  of  Halirudhous, 
although  yet  brooking  the  name  and  styled  bishop  of  the  same,  contrary  to  all 
lawes,  both  of  God  and  man,  made  against  simony.  Secondly,  he  dimitted  his 
cure  in  the  hands  of  an  unqualified  person,  without  the  consent  of  the  Kirk, 
leaving  the  flock  destitute  without  a  shepheard,  whereby  not  only  ignorance  is 
encreased,  but  also  most  aboundantly  all  vices  and  horrible  crimes  there  are 
committed,  as  the  number  of  six  hundred  persons  convicted  of  incest,  adultery, 
and  fornication,  beares  witness.  Thirdly,  he  hath  given  himself  daily  to  the 
execution  of  the  function  of  a  temporall  judge,  as  to  be  a  lord  of  Session,  which 
requires  the  whole  man,  and  so  rightly  in  naither  can  he  exercise  both ;  and 
styles  himself  with  Romane  titles,  as  Reverend  Father  in  God,  which  pertaines 
to  no  minister  of  Christ  Jesus,  nor  is  given  to  any  of  them  in  Scripture. 
Fourthly,  in  great  hurt  and  defraud  of  the  Kirk,  he  hath  bought  all  the  thirds 
of  the  abbacie  of  Halirudhous  ;  at  least  he  hath  made  simoniacall  change 
thereof  with  the  rents  of  Orknay.  Fifthly,  he  hath  left  the  kirks  partly  im- 
planted, and  partly  planted,  but  destitute  of  provision.  Sixthly,  some  of  the 
kirks  are  sheepfolds,  and  some  of  them  ruinous.  Seventhly,  he  hath  traduced, 
both  publickly  and  privatly,  the  ministers  of  Edinburgh,  absented  himself  from 
preaching  in  that  kirk,  and  from  receiving  the  sacraments." 

The  above  is  from  the  "  Acts  of  the  Assemblies  concerning  the  adversaries  of 
discipline."  Calderwood  says,  "  The  bishop  presented  his  answers  to  the  tenth 
session.  Mr  Knox,  Mr  John  Craig,  and  Mr  David  Lindsay,  were  appointed  to 
try  the  sufficiency  of  these  answers,  and  to  report  to  next  Assembly  ;  but  I  find 
them  not.  Yet  ye  may  see  what  thing  is  they  judge  offensive  in  bishops  or 
ministers."  Adam  Bothwell's  diocese  comprehended  the  Isles,  Orkney,  Zetland, 
Caithness,  and  Stranaver  ;  and  his  fixed  residence  ought  to  have  been  Kirkwall. 
The  simoniacal  exchange  of  which  he  was  accused  seems  to  have  been  forced 
upon  him  rather  to  his  disadvantage,  in  the  year  1 569,  in  favour  of  a  natural 
son  of  James  V.,  Robert  Stewart,  afterwards  earl  of  Orkney  ;  as  appears  from 
an  act  of  parliament  1569,  entitled,  "  Exceptioun  in  favour  of  Adam,  bischope  of 
Orkney."  Be  this  as  it  may,  our  prelate  continued  to  retain  both  the  abbacy  of 
Holyroodhouse  and  the  style  of  bishop  for  the  remainder  of  his  life  ;  and  ever 
after  this  exchange  was  in  the  habit  of  signing  his  name  thus,  "  Adame,  Bischop 
of  Orkney,  Commendatair  of  Halyrudhous."  In  an  old  contemporary  MS. 
chronicle,  which  appears  to  be  either  the  original,  or  a  contemporary  translation 


78  NOTE  TO  BOOK  IV. 

of  Adam  Blackwood's  Mariyre  de  Maria  Stuart,  the  bishop  is  thus  character- 
ized. Speaking  of  tlie  convention  of  Estates  after  Mary's  forced  abdication,  this 
writer  says,  "  they  caused  thither  to  come,  to  represent  the  ecclesiastical  estate 
and  spiritualitie,  the  venerable,  often  perjured  and  foirsworne  father,  Mr  Adam 
Boithwell,  whom,  for  this  purpose,  they  befoirhand  helped  to  be  made  bischope 
of  the  Orcades,  a  cameJion,  a  sorcerer,  and  execrable  magitian."  Notwithstanding 
his  dangerous  adventures,  and  constant  cummers,  the  bishop  died  peaceably  iu 
1593,  and  was  buried  near  one  of  the  pillars  of  the  aisle  of  Holyrood,  where 
his  grave  is  yet  shown  to  the  curious  stranger.  If  the  old  chronicler's  charac- 
teristics of  him  be  true,  we  must  not  say — 

"  In  Sancta  Croce's  holy  precincts  lie 
Ashes  which  make  them  holier." 

Yet  the  bishop's  letters  are  full  of  expressions  of  Christian  piety  and  resignation. 
He  is  constantly,  "  saying  with  godle  Job,  gif  we  half  resaivit  guid  out  of  the 
hand  of  the  Loi'd,  quhai  suld  we  not  alsua  ressaive  evil, — geiffin  him  maist 
hartle  thankis  therefor,  attesting  our  godle  and  stedfast  fayth  in  him,  quhilk  is 
maist  evident  in  tyme  of  probane."  Robert  Bin-el,  in  his  contemporary  diary, 
says,  "  The  15  of  Mail  1567,  the  Queine  was  maried  to  the  duck  of  Orkney,  in 
the  chappel  royall  of  Holyrudhous,  by  Adam  Bothwel,  abbote  of  Holyrud- 
hous  ;  and  his  text  wes  the  second  of  Genesis."  It  would  be  curious  to  compare 
the  bishop's  spiritual  improvement  of  that  fatal  event  with  its  immediate  result, 
and  his  own  concern  in  the  catastrophe.  Under  the  circumstances  of  the  case,  he 
must  have  found  some  difiBculty  in  enlarging  upon  the  verse,  "  Therefore  shall 
a  man  leave  his  father  and  his  mother,  and  shall  cleave  unto  his  wife ;  and  they 
shall  be  one  flesh."  His  troublesome  patron  and  relative,  the  justice-clerk,  was 
no  less  profuse  of  the  lip-service  of  scriptural  piety,  while  engaged  in  the  most 
atrocious  acts,  public  and  private,  of  the  times.  The  assassination  of  the  Regent 
Murray  in  1569  was  caused  by  a  tyrannical  exercise  of  power  on  the  part  of  Sir 
John  Bellenden.  In  some  of  the  interested  transactions  to  which  the  struggle 
for  life,  place,  and  property,  after  the  battle  of  Langside,  gave  rise,  he  had  ob- 
tained a  gift  of  the  lands  and  mansion-house  of  Woodhouselee.  These  had 
belonged  to  Hamilton  of  Bothwellhaugh,  a  man,  like  all  of  his  name,  devoted  in 
the  cause  of  Queen  Mary.  Under  the  auspices  of  the  regent,  Bellenden  obtained 
a  transference  in  his  own  favour,  and  took  possession  with  such  inhuman  vio- 
lence, as  to  drive  Hamilton's  own  wife  out  of  her  house  in  a  stormy  night,  which 
deprived  her  of  her  senses.  It  is  well  known  that  Bothwellhaugh  took  his  re- 
venge upon  the  regent.  Yet  the  justice-clerk  considered  himself  one  of  the 
elect.  In  his  last  will  and  testament,  wherein  he  solemnly  bequeaths  to  his 
eldest  son  his  own  worldly  and  nefarious  policy,  he  speaks  of  "  this  my  saule 
quha  baith  sail  meit  my  Maister  with  joy  and  comfort  to  heir  that  comfortabill 
voce,  that  he  has  promeist  to  resotat,  saying,  cum  unto  me  thou  as  ane  of  my 
elect." 

The  bishop  of  Orkney  made  a  will,  whereby  he  left  the  bulk  of  his  fortune  to 
his  nephew,  John  Napier,  who  was  destined  to  become  so  celebrated.  His 
letters  frequently  make  mention  of  the  fact ;  but,  like  Benedict,  when  he  said  he 
would  die  a  bachelor,  the  bishop  did  not  expect  to  live  to  be  married.  Some 
time  before  the  year  1571,  he  married  a  niece  of  the  good  Regent  Mar,  whose 
wife  was  the  cousin-german  of  his  brother-in-law.  Sir  Archibald  Napier  of 
Merchiston.  The  eldest  son  of  this  marriage  was  John  BothweU,  who  succeeded 
his  father  both  in  his  seat  on  the  bench  and  in  his  abbacy.  He  became  a  great 
favourite  with  James  VI. ;  and  so  little  did  he  inherit  of  his  grandfather's  dis- 
like to  masking  and  mummery,  that  he  was  always  ready  to  play  the  fool  when- 
ever his  sovereign  required  him.  At  the  baptism  of  Prince  Henry  in  1594,  when 
his  majesty  entered  the  lists  of  the  tournament  disguised  as  "  a  Christian,"  the 
abbot  of  Holyroodhouse  appeared  at  the  same  time  as  "  an  Amazon,  in  woman's 


NOTE  TO  BOOK  IV.  79 

attire,  very  sumptuously  clad."  He  was  in  possession  for  some  time  of  one  of 
the  crown  jewels,  "  ane  greit  ruble  set  in  goldo,"  which  the  needy  monarch  had 
impignorated  to  the  bishop  of  Orkney,  some  time  after  the  year  1580,  for  the 
sum  of  five  hundred  pounds  Scots.  This  jewel  is  restored  by  his  son  in  the 
month  of  January  1595-6,  and  King  James  "grantis  and  confessis  us  to  have 
ressavit  the  same  ruble  set  in  gold  in  als  gude  estate  as  we  delyverit  the  same  ;" 
but,  it  is  added,  "  without  payment  of  the  said  soumc  to  him  be  us,  whereupon 
the  samyu  was  impignorate."  We  have  here,  probably,  one  of  the  circumstances 
which  led  to  this  coramendator  of  Holyroodhouse  being  raised  to  the  peerage  by 
that  venerable  title,  in  the  year  1607. 

Those  who  are  willing  to  believe  that  Adam,  bishop  of  Orkney,  was  a  good 
and  a  great  man,  must  read  no  farther  than  bis  tombstone  in  Santa  C'roce. 

"  Hie  jacet  recondltus  nobilissimus  vir,  dominus  Adamus  Bothuelius,  Episco- 
pus  Orcadum  et  Zetlandoe,  et  Commendatarius  Monasterii  Sauctse  Crucis,  Sena- 
tor et  Coucilarius  Regis,  qui  obiit  anno  setatis  suae  67,  Die  Mensis  Augusti  23, 
Anno  Domini  1593. 

Epitaphium. 
"  Nate  senatoris  magni,  magne  ipse  senator, 

Magni  senatoris  triplici  laude  parens  ; 
Tempore  cujus  opem  poscens  Ecclesia  sensit, 

Amplexus  est  cujus  cura  forensis  opem. 
Vixisti,  ex  animi  vote,  jam  plenus  honorum, 

Plenus  opum  senii,  jam  quoque  plenus  obis, 
Sic  nihil  urna  tiii  nisi  membra  senilia  celat. 

Teque  vetat  virtus  vir  tua  magne  mori, 

I  felix  mortem  requie  superato  supremam, 

Sic  patriae  et  liberis  fama  perennis  erit." 

The  very  curious  letters  of  the  bishop  of  Orkney  will  be  found  in  the  Editor's 
Memoirs  of  John  Napier  of  Merchiston,  published  by  William  Blackwood, 
Edinburgh,  and  Thomas  Cadell,  London,  1834,  quarto.  He  will  be  excused  for 
having  derived  from  his  own  work  these  notices  of  a  churchman  who  figures  so 
conspicuously  in  the  history  of  Scotland,  and  whose  own  history  had  never  been 
explored.  The  anonymous  author  of  a  volume,  entitled  Memoirs  of  Kirkaldy 
of  Grange,  recently  published  by  Messrs  Blackwood,  has  obtained  credit  as  a 
popular  writer,  by  means,  inter  alia, of  a  lively  and  elaborated  story  of  the  bishop 
of  Orkney's  adventure  in  the  Unicorn.  1.  To  exonerate  himself  from  the  possible 
imputation  of  plagiarism  in  the  foregoing  sketch,  the  Editor  is  compelled  to 
challenge  a  comparison  of  a  chapter  in  these  Memoirs  of  Kii-kaldy,  entitled  "  The 
Unicorn"  (p.  184),  with  the  quarto  pages  120,  121,  122,  and  123,  of  the  Memoirs  of 
Napier  of  Merchiston.  Some  trifling  and  tawdry  variations  and  redundancies, 
superinduced  upon  the  unacknowledged  original,  scarcely  suffice  to  excuse  the 
absence  of  marks  of  quotation.  Moreover,  this  writer  concludes  the  elaborated 
anecdote  with  a  passage  which  he  professes  to  quote  as  the  words  of  "  a  popular 
writer."  This  popular  writer  he  does  not  name,  but  immediately  directs  the  eye 
of  his  reader  to  these  references  :  "  Edmeston's  Zetland  ;  Peterkin's  Orkney  ; 
Statistical  Account ;  Anderson's  Collections,  &c.  &c."  Now,  the  quoted  pas- 
sage is  actually  an  extract  from  the  Memoirs  of  Merchiston  (p.  122-3),  where 
the  following  references  occur  :  "  Hume  of  Godscroft's  History  of  the  House  of 
Douglas  ;  Edmonstone's  Zetland  Islands  ;  Sir  James  Melville's  Memoirs."  It 
happens,  however,  that  the  original  details  of  the  bishop's  exploit  and  escape 
are  recorded  only  by  Godscroft,  to  whom  this  author  does  not  refer.  2.  In  the 
Memoirs  of  Merchiston  (p.  131),  there  follows  an  account  of  one  Captain 
Melville,  figuring  in  a  story  with  Fairly  of  Braid  and  Napier  of  Merchiston, 
and  introduced  by  a  quotation  from  Spottiswoode.  The  proceedings  and  tragic 
fate  of  Melville,  his  relationship  to  Napier  of  Merchiston  and  Kirkaldy  of 


80  NOTE  TO  BOOK  IV. 

Grange,  are  there  all  recorded,  from  Bannatyne's  Journal,  the  Pollock  MS., 
the  Historie  of  King  James  the  Sext,  and  Sir  James  Melville's  Memoirs, 
all  duly  acknowledged.  In  the  Memoirs  of  Kirkaldy  (p.  265)  occurs  a 
chapter  entitled  "  The  Exploits  of  Captain  Melyille,"  introduced  by  the  same 
quotation  from  Spottiswoode,  followed  by  the  same  story  of  Fairly  of  Braid,  and 
particularly  recording  the  relationship  of  Melville  to  Merchiston,  as  well  as  the 
tragic  fate  of  the  former.  The  references  are  "  Bannatyne  ;  Douglas  Peerage  ; 
Hist.  James  Sext."  Now,  the  fact  of  the  relationship  of  this  Melville  to 
Merchiston  is  recorded  in  none  of  these  ;  but  was  an  inference  deduced,  from 
a  comparison  of  the  old  chronicles,  by  the  Editor  himself  in  his  Memoirs  of 
Merchiston,  p.  133.  Moreover,  like  most  plagiarists,  the  author  in  hand 
blunders  while  he  borrows.  His  quotation  from  Spottiswoode  is  stupidly  inac- 
curate ;  he  misstates  the  relationship  of  Captain  Melville  to  Merchiston  ;  and 
he  has  even  mistaken  the  hero  of  his  chapter,  whom  he  calls  "  Captain  David 
Melville  of  Newmilne,"— a  worthy  who  was  alive  at  least  ten  years  after  the 
tragic  fate  of  the  captain  he  is  thus  ignorantly  handling.  It  was  Captain  James 
Melville,  as  the  very  chronicles  state  which  this  writer  professes  to  have  consulted. 
3.  In  the  Memoirs  of  Merchiston,  chap.  iii.  p.  133,  et  infra,  are  recorded,  in  a 
popular  narrative  referring  to  the  contemporary  chroniclers,  "  various  sieges 
of  the  castle  of  Merchiston  during  the  king  and  queen's  wars."  In  particular, 
quoting  an  unprinted  Latin  manuscript,  entitled  Ecvlesice  Scoticanoe  Hisloria, 
per  Archibaldum  Symsonum,  &.C.,  it  is  there  stated  (pp.  133,  134),  that  "  Grange 
entertained  his  cousin  Sir  Archibald  Napier,  when  under  his  custody,  with  the 
agreeable  pastime  of  battering  the  family  fortalice,"  &c.  In  the  Memoirs  of 
Kirkaldy,  in  a  chapter  entitled  "  The  Douglas  Wars— the  Leaguers  of  Mer- 
chiston" this  popular  narrative  is  all  reproduced.  In  particular,  it  is  there 
stated  (p.  268),  that  Grange  "  entertained  him  (his  relative)  with  the  unplea- 
sant pastime  of  cannonading  his  mansion,"  &c. ;  a  fact  which  happens  only  to 
be  recorded  in  the  Latin  MS.  quoted  in  tlie  Memoirs  of  Merchiston,  and  is  not 
in  any  of  the  references  to  which  this  writer  directs  his  readers.  The  Memoirs 
of  Merchiston  are  mentioned  nowhere  throughout  a  book  redolent  of  its  most  pop- 
ular chapters.  The  compilers  of  popular  books  are  very  apt  to  help  themselves  to 
the  researches  of  others,  without  confessing  the  assistance.  But  when  the  popular 
writer  goes  so  far  as  to  take  from  another,  without  the  slightest  acknowledgment, 
popular  passages,  and  the  whole  warp  and  moo/ of  a  popular  narrative,  even  the 
Minerva  press  must  blush,  and  "  the  wise  convey  it  call."  The  capacious  pocket 
of  the  Memoirs  of  Merchiston,  a  voluminous  and  costly  quarto  of  Wstorical 
biography,  has  been  picked.  We  know  not,  and  do  not  care,  whether  this  has  been 
done  directly  by  the  author  of  the  Memoirs  of  Ivirkaldy,  or  indirectly  through 
some  unacknowledged  precursor  in  this  species  of  appropriation.  But  whether,  as 
the  criminal  lawyers  say,  this  be  a  case  of  theft  or  reset,  the  identification  of  the 
articles,  and  the  unsatisfactory  account  afforded  of  their  derivation,  seem  to 
preclude  the  defence  of  innocent  possession.  Some  Fiscal  of  Letters  (in  Black- 
wood's Magazine  for  January  1849)  has  been  unconsciously  and  rashly  applaud- 
ing a  literary  conveyancer.  But  when  he  commends  him  for  his  "  flashes  of  the 
old  Scottish  spirit,"  we  are  only  reminded  of  the  monks  of  Melrose,  who  never 
wanted  good  ale  "  so  long  as  their  neighbours'  lasted."— E.] 


HISTORY 


CHURCH  OF  SCOTLAND. 


THE  FIFTH  BOOK. 


THE  CONTENTS. 

HOW  MATTERS  PASSED  IN  THE  STATE  AND  CHURCH  DURING  THE 
GOVERNMENT  OF  THE  FOUR  REGENTS,  HIS  MAJESTY  BEING  YET 
MINOR. 

OTHWELL  after  his  flight  at  Carberry,  hav- 
ing stayed  a  few  days  in  the  fort  of  Dunbar, 
for  that  he  feared  to  be  enclosed,  made  to  the 
sea  with  two  or  three  ships  which  he  had  pre- 
pared, and  went  into  Orkney.  His  purpose 
was  to  have  remained  in  the  castle  of  Kirkwall,  and  if  any 
did  pursue  him  to  take  himself  to  the  ships  ;  but  the  keeper 
Gilbert  Balfour^  would  not  receive  him,  so  as  he  was  forced 
to  return  to  sea,  and  there  playing  the  pirate  made  spoil  of 

'  [Gilbert  Balfour,  constable  of  the  castle  of  Kirkwall,  was  married  to  Mar- 
garet Bothwell,  sister  of  Adam,  bishop  of  Orkney.  As  the  bishop  was  with 
Kirkcaldy  of  Grange  in  pursuit  of  Bothwell  at  this  time,  there  can  be  no  doubt 
that  the  constable  had  received  his  instructions.  Our  historian  surely  had  heard 
of  the  bishop's  adventure  in  the  Unicorn,  mentioned  in  the  note  to  last  chapter. 
Perhaps  he  was  ashamed  of  it.  Gilbert  was  a  younger  brother  of  the  well  known 
Sir  James  Balfour  of  Pittendriech,  who  became  president  of  the  Court  of  Ses- 
rion  in  1567,  and  was  much  involved  in  the  dark  intrigues  of  the  times E.] 

VOL.  II.  6 


82  THE  HISTORY  OF  THE  [a.  D.  1567. 

all  thcat  came  in  his  way.  The  regent,  advertised  of  this, 
sent  William  Kirkcaldy  of  Grange  with  five  ships  well 
manned  to  pursue  him  ;  who  coming  upon  him  unlooked  for, 
as  he  lay  in  one  of  the  creeks  of  Orkney,  gave  him  the  chase, 
and  had  certainly  taken  him,  if  they  had  not  been  hindered 
by  rocks  and  shallow  waters.  The  Unicorn,  one  of  Grange's 
best  ships,  was  cast  away  upon  a  rock ;  Bothwell  with  his, 
that  were  not  of  such  a  burthen,  escaping.  Shortly  after,  he  was 
taken  upon  the  coast  of  Norway,  and  conveyed  to  Denmark, 
where  being  detected  by  some  Scottish  merchants,  he  was 
put  in  a  vile  and  loathsome  prison,  and  falling  in  a  phrenzy, 
which  kept  him  some  ten  years,  made  an  ignominious  and 
desperate  end,  such  as  his  wicked  and  flagitious  life  had  de- 
served. 

Grange  at  his  return  had  the  castle  of  Edinburgh  com- 
mitted to  his  keeping,  which  a  little  before  was  sold  by  Sir 
James  Balfour  to  the  regent  for  the  sum  of  five  thousand 
pounds,  and  the  gift  of  the  priory  of  Pittenweem.  At  the 
same  time  Patrick  Whitlaw,  keeper  of  Dunbar  Castle,  being 
charged  to  render  the  same,  did  at  the  persuasion  of  his 
friends  yield  up  the  fort,  which  otherwise  was  held  im- 
pregnable. 

The  lords  who  were  convened  at  Hamilton,  perceiving 
how  matters  went,  and  that  all  things  grew  strong  on  the 
regent's  side,  upon  a  new  dehberation  did  write  unto  him  and 
the  rest  that  stood  for  the  king's  authority,  desiring  a  con- 
ference, and  offering  to  send  the  earl  of  Argyle  with  some 
others  to  any  place  they  would  appoint  for  meeting.  But 
because  in  the  superscription  they  gave  not  the  regent  his 
due  title,  styling  him  only  earl  of  Murray,  the  letter  was  re- 
jected by  the  council,  and  the  messenger  dimitted  without 
answer.  Argyle,  knowing  what  had  given  the  offence,  re- 
solved to  go  unto  the  regent,  and  taking  with  him  the  Lord 
Boyd  and  the  abbot  of  Kilwinning,  came  to  Edinburgh. 
There  it  being  declared  that  the  election  of  the  regent  was 
not  made  upon  any  contempt  or  misregard  of  the  noblemen 
who  were  absent,  but  upon  necessity  to  keep  the  realm  in 
order,  it  was  agreed  that  a  parhament  should  be  called  for 
settling  all  affairs  by  advice  and  consent  of  the  Estates,  and 
that  the  same  should  be  kept  at  Edinburgh  the  fifteenth 
day  of  December  next. 


A.  D.  1567.]  CHURCH  OF  SCOTLAND.  83 

When  the  diet  appointed  for  parliament  came,  it  was 
kept  with  such  a  frequency,  as  the  Uke  was  not  remembered 
to  have  been  seen  of  a  long  time.  The  honours  accustomed 
of  crown,  sceptre,  and  sword,  were  carried  by  the  earls  of 
Angus,  Huntly,  and  Argyle,  and  every  thing  done  with  the 
greatest  show  of  solemnity  that  could  be  used.  Beginning 
was  made  at  the  affairs  of  the  Church,  and  divers  acts  con- 
cluded in  their  favours ;  as  an  act  abolishing  the  pope,  his 
jurisdiction  and  usurped  authority  within  the  realm ;  another 
for  repeahng  the  statutes  made  in  former  times  for  mainten- 
ance of  idolatry  and  superstition,  with  the  ratifying  of  the 
Confession  of  Faith  ;  and  some  others,  which  may  be  seen  in 
the  first  parliament  of  King  James  the  Sixth.  The  matter 
of  pohcy  and  jurisdiction  of  the  Church  was  referred  to  the 
consideration  of  certain  lords  delegated  by  the  Estates  ;  but 
for  the  restitution  of  the  patrimony,  which  was  promised  to 
be  the  first  work  of  the  parhament,  though  the  regent  did 
what  he  could  to  have  the  Church  possessed  with  the  same, 
it  could  not  be  obtained.  Only  the  thirds  of  benefices  were 
granted  to  the  Church,  for  provision  of  the  ministers  ;  the 
surplus,  or  what  should  be  found  remaining  after  the 
ministers  were  provided,  being  applied  to  the  support  of  the 
pubhc  affairs  of  the  Estate.  Touching  the  queen,  a  long 
consultation  was  held  what  course  should  be  taken  with  her. 
Some  urged  that  she  should  be  arraigned,  and  punished 
according  to  the  law.  Others  reasoned,  that  whatsoever 
authority  was  in  the  kingdom  was  derived  from  her,  and 
was  revocable  at  her  pleasure,  so  as  she  could  not  be  ar- 
raigned or  brought  to  trial  before  any  inferior  judge  :  and 
when  it  was  replied,  that  the  Scots  from  the  very  beginning 
of  the  kingdom  had  been  in  use  to  censure  and  punish  their 
kings,  in  case  of  grievous  crimes,  the  greater  number  dis- 
liking that  course,  it  was  concluded  that  she  should  be 
detained  and  kept  in  perpetual  prison. 

Some  ten  days  after,  in  an  Assembly  of  the  Church,  the 
bishop  of  Orkney  was  convened  for  joining  the  queen  and 
Bothwell  in  marriage,  and  deposed  from  his  function  and 
office.  The  countess  of  Argyle  being  cited  to  appear  before 
the  same  Assembly  for  assisting  the  baptism  of  the  king,  and 
giving  her  presence  at  the  papistical  rites  then  used,  did 
submit  herself  to  censure,  and  was  ordained  to  make  public 


84  THE  HISTORY   OF  THE  [a.  D.   1567. 

satisfaction  in  the  chapel  of  StirUng,  where  the  offence  was 
committed,  upon  a  Sunday  after  sermon,  in  such  manner 
and  at  such  time  as  the  superintendent  of  Lothian  should 
appoint. 

In  the  month  of  January,  John  Hepburn  called  of  Bolton, 
John  Hay  younger  of  Tallow,  and  two  chamber-boys  of 
Bothwell's,  Powrie  and  Dalgleish,  were  brought  to  trial  for 
the  king's  murder,  and  found  guilty  by  their  own  confessions. 
The  sum  whereof  was,  that  they  were  enticed  unto  that 
wicked  fact  by  Bothwell,  who  did  assure  them  that  most  of  the 
noblemen  within  the  realm  had  consented  thereto,  and  that 
a  contract  was  showed  them  subscribed  by  the  earls  of 
Argyle,  Huntly,  young  Lethington,  and  others ;  but  whether 
these  subscriptions  were  the  noblemen's  own  or  counterfeit, 
they  could  not  tell.  They  farther  said  that  Bothwell  made 
them  believe  that  the  lords  who  had  subscribed  would  each 
of  them  have  one  or  two  of  their  servants  present  at  the 
murder;  yet  were  they  but  eight  persons  in  all,  besides 
Bothwell  himself,  that  came  unto  the  place  ;  namely.  Sir 
James  Balfour,  the  laird  of  Ormiston  in  Teviotdale,  Robert 
Ormiston  his  cousin,  one  Wilson  a  man  of  Haddington,  and 
the  four  who  were  then  to  suffer.  The  sentence  upon  their 
conviction  was,  that  they  should  be  hanged,  their  heads  cut 
off,  their  bodies  quartered,  and  cast  into  the  fire  ;  a  manifold 
execution,  which  the  treacherous  parricide  they  had  committed 
did  well  deserve. 

At  the  opening  of  the  spring,  the  regent  purposing  to  hold 
justice  courts  through  the  whole  kingdom,  made  his  begin- 
ning in  the  west  parts,  because  of  some  broken  people  in  the 
Lennox  and  the  highlands  adjoining.  Whilst  he  remained 
at  Glasgow,  (for  the  first  court  was  there  aflaxed,)  the  queen 
made  an  escape  from  Lochleven,  to  the  great  contentment  of 
many  who  stood  in  fear  of  the  regent's  severity  or  (as  the 
vulgar  called  it)  cruelty.  And  even  some  that  were  the 
principal  workers  of  her  imprisonment,  having  changed  their 
minds,  did  earnestly  wish  her  liberty.  Lethington,  who 
hating  Bothwell  to  the  death  was  enemy  to  the  queen  for 
his  respect,  as  soon  as  he  understood  of  his  arresting  in 
Denmark,  and  saw  that  he  was  no  more  to  be  feared,  desired 
greatly  to  have  her  restored,  as  thinking  his  credit  and 
safety  should  that  way  be  most  assured.     Sir  James  Balfour 


A.  D.  1568.]  CHURCH  OF  SCOTLAND.  85 

followed  always  his  course.  William  Murray  of  Tullibardine, 
though  he  had  showed  great  forwardness  at  the  hill  of 
Carberry,  where  the  queen  was  taken,  yet,  being  popishly 
set,  upon  some  private  discontents  forsook  the  regent,  and 
carried  with  him  divers  of  his  friendship.  The  Hamiltons 
were  known  to  desire  nothing  more  than  her  freedom.  The 
earls  of  Argyle  and  Huntly,  howbeit  they  had  been  present 
at  the  late  parliament,  and  giving  their  assistance  for  estab- 
hshing  the  king's  authority,  turned  their  coats  and  joined 
with  the  rest  for  repossessing  the  queen.  And  besides  these, 
many  others,  some  led  with  hopes  of  advancement,  and  some 
trusting  to  have  their  distressed  estates  bettered  by  a  change, 
longed  much  to  have  her  relieved,  which  by  this  means  came 
to  pass. 

George  Douglas,  the  regent's  youngest  brother,  a 
gentleman  of  good  spirit,  who  remained  with  her  in  the 
castle  of  Lochleven,  allured  by  her  courtesies  and  fair 
promises,  having  corrupted  the  keepers,  although  he  himself 
upon  suspicion  was  some  days  before  sent  forth  of  the  isle, 
got  her  transported  (whilst  the  rest  were  at  dinner)  in  a 
httle  vessel  to  the  side  of  the  lake,  where  he  with  the  Lord 
Seaton  and  some  horsemen  were  attending.  The  first  night 
she  lodged  at  Niddry  in  West  Lothian,  and  the  next  day 
was  conveyed  to  Hamilton,  whither  repaired  unto  her  the 
earls  of  Argyle,  Cassils,  EgUnton,  and  Rothes,  the  Lords 
Somerville,  Yester,  Borthwick,  Livingstone,  Herries,  Max- 
well, Sanquhar,  and  Ross,  with  many  other  barons  and  gentle- 
men. The  lords  meeting  in  council,  the  queen  declared  that 
the  resignation  she  had  made  of  the  crown  was  extorted  by 
fear;  as  likewise  the  commission  granted  for  inaugurating 
the  prince  her  son  ;  qualifying  the  same  by  the  testimony  of 
Robert  Melvill  there  present,  and  others.  Thereupon  was 
the  resignation  decerned  void  and  null,  and  proclamations 
made  in  her  majesty's  name,  commanding  all  the  lieges  to 
meet  in  arms  at  Hamilton  for  pursuing  the  rebels  that  had 
usurped  the  royal  authority. 

The  news  hereof  brought  unto  Glasgow,  (which  is  only 
eight  miles  distant,)  where  the  regent  then  abode,  were 
scarce  at  first  believed  ;  but  within  two  hours  or  less  being 
assured,  a  strong  alteration  might  have  been  observed  in  the 
minds  of  most  that  were  there  attending.     The  report  of  the 


86  THE  HISTORY  OF  THE  [a.  D.  1568. 

queen's  forces  made  divers  to  slide  away ;  others  sent  quietly 
to  beg  pardon  for  what  they  had  done,  resolving  not  to  enter 
in  the  cause  any  farther,  but  to  govern  themselves  as  the 
event  should  lead  and  direct  them.  And  there  were  that 
made  open  defection  not  a  few,  nor  of  the  meaner  sort. 
Amongst  whom  the  Lord  Boyd  was  especially  noted,  and  in 
the  mouths  of  all  men ;  for  that  being  very  inward  with 
the  regent,  and  admitted  to  his  most  secret  counsels,  when 
he  saw  matters  like  to  turn,  he  withdrew  himself  and  went 
to  the  queen. 

Yet  the  regent  nothing  discouraged,  and  esteeming  his 
life  could  not  be  more  honourably  bestowed  than  in  the 
defence  of  the  king,  albeit  many  did  advise  him  to  retire 
unto  Stirhng,  would  not  condescend  to  stir,  saying,  "  That 
his  retreat  would  be  interpreted  a  flight,  and  the  adversaries 
thereby  animated,  and  his  friends  disheartened."  In  the 
mean  season  he  sent  advertisement  to  his  friends  in  Merse, 
Lothian,  and  Stirlingshire.  The  earl  of  Glencarne  and 
Lord  Sempill,  with  the  men  of  Lennox,  and  others  well 
affected  to  the  cause,  that  lay  near  to  the  city,  made  haste 
unto  his  succour,  so  as  in  a  day  or  two  his  company  in- 
creased to  four  thousand  and  above.  There  was  with  the 
queen  a  French  ambassador,  who  had  arrived  a  few  days 
before,  and  moved  the  regent  for  access  to  the  queen  before 
the  escape  she  made ;  he  was  still  posting  betwixt  Hamilton 
and  Glasgow,  rather  to  espy  and  observe  things,  than  to 
make  the  peace  he  pretended  ;  for  when  he  saw  the  regent's 
forces  to  be  few,  as  at  first  they  were,  and  that  the  queen's 
power  was  much  greater,  he  did  persuade  her  to  take  the 
field,  and  put  it  to  the  trial  of  a  day,  which  she  resolved  to 
do.  Thereupon  warning  given  to  make  ready  against  the 
next  morning,  the  earl  of  Argyle  was  proclaimed  lieutenant, 
and  conclusion  taken  to  march  with  the  army  by  Glasgow 
towards  the  castle  of  Dumbarton,  where  they  purposed  to 
place  the  queen,  and  either  to  give  battle,  or  draw  the  war 
at  length  as  they  pleased  :  or  if  the  regent  (which  they  did 
not  expect)  should  meet  them  in  the  way,  to  fight  him,  ac- 
counting the  victory  certain,  because  of  their  numbers. 

The  regent,  advertised  of  the  queen's  intentions,  took  the 
field  the  next  day  early,  and  stood  with  his  companies  some 
hours  in  battle-array  upon  the  moor  of  Glasgow,  where  it 


A.  D.  1568.]  CHURCH  OV  SCO  1  LAND,  87 

was  believed  the  queen's  army  should  pass ;  but  when  he  saw 
them  keep  the  other  side  of  the  river,  he  directed  the  horse- 
men to  pass  the  fords,  the  water  being  then  ebbed,  and  lead- 
ing the  foot  along  the  bridge  went  towards  Langside,  which 
lay  in  their  way  to  Dumbarton.^  This  is  a  little  village  upon 
the  water  of  Cart,  situated  at  the  foot  of  a  hill  towards  the 
west :  on  the  east  and  north  the  ascent  unto  it  is  somewhat 
steep,  the  other  parts  of  the  hill  are  more  even  and  plain. 
Both  armies  contending  who  should  first  possess  it,  that  of 
the  regent's  prevented  the  other  by  occasion  of  Argyle's 
sickness,  who  was  on  the  sudden  taken  with  a  fit  of  the  epi- 
lepsy, and  so  retarded  the  march  of  the  queen's  army.  When 
they  approached  near  and  saw  themselves  prevented,  they 
went  to  a  little  opposite  hill,  and  there  ranged  themselves  in 
two  battles,  placing  in  the  first  their  whole  strength  almost ; 
for  if  they  should  at  the  first  encounter  repulse  their  enemies, 
the  rest  they  made  account  would  soon  disband  and  take  the 
chase.  The  regent  had  likewise  put  liis  troops  in  two  battles, 
on  the  right  hand  were  placed  the  earl  of  Morton,  the  Lords 
Home,  Sempill,  and  Lindsay,  with  their  chents  and  vassals ; 
on  the  left,  the  earls  of  Mar,  Glencarne,  and  Menteith,  with 
the  citizens  of  Glasgow.  The  harquebusiers  were  planted  in 
the  village  beneath,  and  within  the  hedges  upon  the  highway. 
Before  the  joining,  both  sides  played  with  their  ordnance  upon 
others;  but  the  advantage  was  on  the  regent's  part,  the 
queen's  cannoniers  being  forced  to  quit  their  munition.  His 
cavalry,  on  the  other  side,  being  much  inferior  to  the  queen's, 
was  compelled  to  give  ground  :  but  when  they  entered  upon 
the  foot,  thinking  to  put  them  in  disorder,  the  archers  from 
the  regent's  side  rained  such  a  shower  of  arrows  upon  them, 
as  they  could  not  hold  up  their  faces,  and  were  forced  to  turn 
back.  The  left  wing  of  the  queen's  army  advancing  itself  in 
the  meanwhile,  howbeit  greatly  annoyed  by  the  harquebusiers, 
that  beat  them  in  the  strait  on  both  sides,  got  into  the  plain 
and  displayed  itself.  Then  did  the  armies  join  and  enter 
into  a  hot  fight,  striving  in  thick  ranks  to  maintain  their 
places,  and  by  force  of  spears  to  break  and  bear  down  one 
another.  For  the  space  of  half  an  horn'  and  more  the  fight 
continued  doubtful,  and  so  eagerly  they  strove,  that  they 

'  [There  is  some  confusion  in  our  author's  narrative.    Mr  Tytler,  whom  tho 
reader  may  consult,  fights  the  battle  of  Langside  more  distinctly E.] 


88  THE  HISTORY  OF  THE  [a.  D.  1568. 

whose  spears  were  bi'oke  stood  throwing  their  poniards, 
stones,  and  what  came  readiest  to  their  hands,  in  the  faces  of 
their  adversaries.  The  regent's  second  battle  perceiving 
that  none  came  against  them,  and  fearing  the  other  should  be 
overlaid  (for  they  saw  some  in  the  last  ranks  recoihng),  went 
unto  their  aid ;  whereupon  the  queen's  army  gave  back,  and 
so  were  put  to  rout.  The  regent  and  those  on  his  side 
showed  great  manhood,  all  their  hopes  consisting  in  the  vic- 
tory :  nor  were  his  enemies  any  less  courageous,  but  the 
advantage  of  the  ground  was  to  those  of  his  part  no  small 
help.  There  were  not  many  slain  on  the  place,  most  of  the 
slaughter  being  made  in  the  chase ;  and  unless  the  regent 
had  with  his  presence,  wheresoever  he  came,  and  by  sending 
horsemen  into  all  parts,  stayed  the  fury  of  those  that  pur- 
sued, the  victory  had  been  much  more  bloody.  The  queen, 
who  stood  a  mile  off  from  the  battle  on  a  little  height,  per- 
ceiving the  field  lost,  made  towards  the  borders.  The  rest 
that  escaped  fled  the  readiest  way  they  could  find,  every 
man  to  his  own  home.  The  number  of  the  slain  was  about 
three  hundred ;  many  were  taken  prisoners  ;  amongst  whom 
the  most  eminent  were  the  lords  of  Seaton  and  Ross,  the 
masters  of  Cassils  and  Eglinton,  Sir  James  Hamilton  of 
Avondale,  and  the  sheriffs  of  Ayr  and  Linhthgow.  Of  the 
regent's  side  one  only  was  slain,  the  Lords  Home  and  Ochil- 
trie  wounded.  All  the  rest,  a  few  excepted  that  followed 
the  chase  too  far,  returned  with  him  to  Glasgow  ;  where  they 
went  first  to  church,  and  gave  thanks  to  God  for  the  victory 
they  had  obtained  almost  without  any  effusion  of  blood.  This 
conflict  happened  upon  the  thirteenth  of  May,  the  eleventh 
day  after  her  escape  from  Lochleven.  The  French  ambas- 
sador, who  had  conceived  an  assured  hope  of  her  prevailing, 
perceiving  things  fall  out  otherwise,  took  horse,  and  made 
away  to  England,  not  once  saluting  the  regent,  to  whom,  as 
he  pretended,  he  was  sent.  By  the  way  he  fell  in  the  hands , 
of  some  robbers  that  rifled  all  his  baggage ;  which  the  laird] 
of  Drumlanrig,  for  the  respect  he  carried  to  the  title  of 
ambassador,  caused  to  be  restored. 

The  rest  of  that  day  the  regent  bestowed  in  taking  order! 
with  the  prisoners.  Some  he  freely  dimitted,  others  upon] 
surety  ;  but  the  principals  were  retained  (they  especially  of  J 
the  surname  of  Hamilton),  and  committed  to  several  prisons,  f 


A,  D.   1568.]  CHURCH  Of  SCOTLAND.  89 

The  next  day,  taking  with  him  five  hundred  horse,  he  rode 
into  Hamilton,  and  had  the  castle  thereof,  with  the  house  of 
Draffan,  another  stronghold  helonging  to  the  duke,  rendered 
in  his  hands.  Such  a  terror  this  defeat  wrought,  that  the 
whole  inhabitants  of  Clyde  did  relinquish  and  forsake  their 
houses.  Upon  the  like  fear  did  the  queen,  against  the  coun- 
sel of  her  best  friends,  take  sea  at  Kirkcudbright,  and  sail 
into  England,  landing  at  Workington  in  Cumberland,  near  to 
the  mouth  of  the  river  Derwent ;  from  which  place  she  sent 
a  letter  to  Queen  EUzabeth,  declaring  that  she  was  come 
into  her  kingdom  upon  hope  of  aid  and  assistance  from  her, 
requesting  she  might  be  conducted  to  her  with  all  speed, 
because  of  her  present  distress.  John  Beaton,  one  of  her 
domestics,  was  some  days  before  sent  with  the  diamond  she 
had  received  from  the  queen  of  England  for  a  token  of  kind- 
ness, to  signify  her  purpose  of  coming  into  England,  if  she 
should  be  farther  pursued  by  her  subjects  ;  who  did  shortly 
return  with  large  promises  of  love  and  kindness,  if  she  should 
happen  to  come.  But  as  soon  as  her  coming  was  known, 
the  directions  sent  by  Sir  Francis  Knowles  were  not  so 
loving ;  for  by  him  she  was  desired  to  go  unto  CarHsle,  as  a 
place  of  more  safety,  whither  the  lieutenant  of  the  country 
should  conduct  her,  and  stay  there  till  the  queen  was  informed 
of  the  equity  of  her  cause. 

This  direction  did  much  displease  her,  and  then  began  she 
to  see  her  error ;  but  seeming  to  take  all  in  good  part,  she 
sent  the  Lord  Herries  to  entreat  the  queen  for  a  hearing  in 
her  own  presence,  where  she  might  both  clear  herself,  and 
show  how  injuriously  she  had  been  dealt  with  by  those  whom 
at  her  intercession  she  had  recalled  from  exile ;  or  if  that 
could  not  be  obtained,  to  crave  that  she  might  be  permitted 
to  depart  forth  of  England,  and  not  detained  as  a  prisoner, 
seeing  she  came  willingly  thither,  in  confidence  of  her  kind- 
ness often  promised,  and  confirmed  as  well  by  letters  as  mes- 
sengers. Queen  Elizabeth,  moved  with  these  speeches,  said 
that  she  would  send  to  the  regent,  and  desire  him  to  stay  all 
proceeding  against  the  subjects  that  stood  in  her  defence,  till 
matters  were  brought  to  a  hearing.  For  the  regent  at  the 
same  time  had  called  a  parliament  to  the  twenty-fifth  of  June, 
for  proceeding  against  those  that  had  accompanied  the  queen 
in  the  field,  by  course  of  law.     They  of  the  queen's  faction 


90  THE  HISTORY  OF  THE  [a,  D.  15G8. 

were  in  the  meantime  preparing  to  hinder  the  meeting  ;  and 
■whenas  the  diet  drew  near,  the  earl  of  Argyle  with  his  forces 
met  Lord  Claude  Hamilton  at  Glasgow  ;  the  earl  of  Huntly 
brought  from  the  north  a  thousand  foot,  with  as  many  horsemen 
almost,  and  came  as  far  as  Perth,  but  was  not  permitted  to 
cross  the  river  of  Tay,  the  channels  and  passages  being  all 
guarded  by  the  Lord  Ruthven,  and  such  in  those  quarters 
as  maintained  the  king's  authority.  So  being  forced  to  re- 
turn home,  the  earl  of  Argyle  and  other  lords,  not  seeing 
how  they  could  hinder  the  meeting  of  the  parhament,  dis- 
solved their  companies,  and  returned  to  their  own  country. 

At  this  time  came  the  letters  promised  by  the  queen  of 
England,  whereby  the  regent  was  desired  to  delay  the  par- 
liament, and  not  to  precipitate  the  giving  of  sentence  in 
those  matters,  till  she  was  rightly  informed  of  the  whole 
cause. 

But  the  regent,  considering  that  the  delay  of  the  parha- 
ment would  be  construed  to  proceed  of  fear,  resolved  to 
keep  the  diet.  At  the  meeting  it  was  loug  disputed  whether 
all  they  that  had  taken  arms  against  the  king,  and  not 
sued  for  pardon,  should  be  forfeited  ;  or  if  sentence  should  be 
given  against  a  few  only,  to  terrify  the  rest,  and  hope  of 
favour  left  unto  others  upon  their  obedience.  Secretary 
Lethington,  who  did  secretly  favour  the  other  faction,  main- 
tained the  calmest  course  to  be  the  best,  and,  by  the  persua- 
sions he  used,  wrought  so  as  the  process  against  the  better 
sort  was  continued,  and  some  of  meaner  note  only  proscribed, 
which  was  interpreted,  even  as  the  regent  conceived,  to  pro- 
ceed of  fear,  and  not  of  a  mind  to  reclaim  them.  The  earl 
of  Rothes  only  of  all  the  noblemen  of  that  side  reconciled 
himself,  accepting  three  years'  exile  for  his  punishment. 
Some  others  of  meaner  sort  the  regent  received  into  favour, 
and  such  as  stood  out  he  pursued  by  force  of  arms,  making 
an  expedition  into  the  countries  of  Nithsdale,  Annandale, 
and  the  lower  parts  of  Galloway,  where  he  put  garrisons  in 
the  castles  and  strong  forts  that  were  judged  necessary  to  be 
kept ;  others  he  demolished  and  threw  to  the  ground,  and 
had  in  a  short  space  (as  it  was  thought)  reduced  the  whole 
country  to  his  obedience,  if  he  had  not  been  stayed  by  other 
letters  by  the  queen  of  England.  For  she  oifending  that  he 
should  have  gone  on  in  that  manner,  whereas  she  had  willed 


A.  D.  1568.]  CHURCH  OF  SCOTLAND.  91 

him  to  defer  all  things  till  she  was  informed  of  the  whole 
cause,  sent  by  one  of  her  servants,  called  Middlemore,  a 
sharp  letter  unto  him,  declaring,  that  she  would  not  endure 
the  sacred  authority  of  kings  to  be  in  that  sort  abused  at  the 
appetite  of  factious  subjects  ;  and  howsoever  they  had  forgot 
their  duties  to  their  sovereign,  she  would  not  neglect  her 
sister  and  neighbour  queen.  Therefore  willed  him  to  direct 
certain  commissioners  to  inform  her  how  matters  had  passed, 
men  that  could  answer  the  complaints  made  by  the  queen  of 
Scotland  against  him  and  his  complices,  which  if  he  failed  to 
do,  she  would  restore  her  to  her  kingdom  with  all  the  power 
she  could  make. 

The  regent  took  it  grievously,  that  matters  determined 
in  parliament  should  be  brought  again  in  question,  and  to 
plead  before  foreign  judges  he  held  it  dishonourable ;  yet 
considering  the  adversaries  he  had,  (the  cardinal  of  Lorraine 
abroad,  who  swayed  all  things  in  the  French  court,  and  at 
home  many  of  the  nobility,)  and  that  if  he  did  offend  the 
queen  of  England,  his  difficulties  should  be  every  way  great, 
he  was  glad  to  yield  to  the  conditions  required,  though 
against  his  will.  Thus  it  being  condescended  that  commis- 
sioners should  be  sent,  whenas  they  could  not  agree  upon 
the  persons  (the  principal  noblemen  refusing  the  employment), 
the  regent  himself  offered  to  undertake  the  journey  ;  and  to 
accompany  him,  choice  was  made  of  the  bishop  of  Orkney 
and  abbot  of  Dunfermline  for  the  spiritual  estate ;  of  the 
earl  of  Morton  and  Lord  Lindsay  for  the  temporal ;  and  of 
Mr  James  Macgill  and  Mr  Henry  Balnaves,  senators  of  the 
college  of  justice  ;  besides  these,  there  went  with  him  Secre- 
tary Lethington  and  Mr  George  Buchanan.  The  secretary 
had  long  withstood  the  sending  of  any  commissioners  thither, 
and  simply  refused  to  go  in  that  journey  ;  yet  the  regent 
not  holding  it  safe  to  leave  him  at  home,  whom  he  knew  to 
be  a  busy  man,  and  a  practiser  under-hand  with  the  other 
party,  did  insist  so  with  him  as  in  end  he  consented. 

The  commission  was  given  in  the  king's  name,  under  the 
great  seal,  to  the  regent,  the  earl  of  Morton,  the  bishop  of 
Orkney,  the  abbot  of  Dunfermline,  and  Lord  Lindsay,  or  to 
any  three  of  them,  "  for  convening  with  the  deputies  of  the 
queen  of  England  at  York,  or  any  other  place  or  places  they 
should  think  expedient,  there  to  make  plain  and  ample  de- 


92  THE  HISTORY  OF  THE  [a.  D.  1568. 

clarations  to  them  (I  keep  the  very  words  of  the  commission), 
for  informing  his  good  sister  of  the  true  causes  whereupon 
divers  of  the  nobihty  and  good  subjects,  during  the  time  that 
the  queen  his  mother  was  yet  possessor  of  the  crown,  took 
occasion  to  put  on  arms,  to  take,  detain,  and  sequestrate  her 
person  for  a  time,  with  all  causes,  actions,  circumstances,  and 
other  their  proceedings  whatsoever  towards  her  or  any  other 
subjects  of  the  realm  since  that  time  unto  the  day  and  date 
of  the  said  commission,  or  that  should  fall  out  until  the  re- 
turn of  the  said  commissioners  ;  whereby  the  justice  of  their 
cause  and  honourable  dealing  might  be  manifested  to  the 
world :  as  likewise  to  commune,  treat,  determine,  and  conclude 
with  his  said  sister,  or  her  commissioners  having  sufficient 
authority,  upon  all  differences,  causes,  or  matters  depending 
betwixt  the  subjects  of  either  realm,  or  for  farther  confirma- 
tion or  augmentation  of  any  treaty  of  peace  heretofore  made 
and  concluded  betwixt  the  realms ;  or  for  contracting  and 
perfecting  any  other  treaty  or  confederation,  as  well  for 
maintenance  of  the  true  religion  publicly  professed  by  the 
inhabitants  of  both  the  realms,  as  for  resisting  any  foreign 
or  intestine  power  that  might  be  stirred  up  within  the  same, 
to  disturb  the  present  quietness  that  it  hath  pleased  Almighty 
God  to  grant  unto  both  the  kingdoms  in  the  unity  of  the  said 
rehgion,  and  for  increase  of  amity,  peace,  and  concord  betwixt 
him  and  his  said  sister,  their  realms,  dominions,  people,  and 
subjects.  And  generally  to  do  and  conclude  all  things  which 
by  them,  or  any  three  of  them,  should  seem  convenient  and 
necessary  for  the  premises,  or  any  part  thereof ;  promising 
to  hold  firm  and  stable,"  &c.  This  commission  is  of  the  date 
at  Edinburgh  the  eighteenth  of  September  1568. 

In  July  preceding  there  was  an  Assembly  of  the  Church 
kept  at  Edinburgh,  wherein  Mr  John  Willock,  superinten- 
dent of  the  west,  being  elected  to  moderate  the  meeting, 
made  difficulty  to  accept  the  place,  unless  some  better  order 
was  observed  than  had  been  in  former  times ;  for  even  then 
the  multitudes  that  convened,  and  indiscreet  behaviour  of 
some  who  loved  to  seem  more  zealous  than  others,  did  cause 
a  great  confusion.  Obedience  being  promised  by  the  whole 
number,  he  assumed  the  charge.  And  there  it  was  enacted, 
that  none  should  be  admitted  to  have  voice  in  these  Assem- 
blies but  superintendents,  visiters  of  churches,  commissioners 


A.  D.   1568.]  CHURCH  OF  SCOTLAND.  93 

of  shires  and  universities,  and  such  ministers  as  the  superin- 
tendents should  choose  in  their  diocesan  synods,  and  bring 
with  them,  being  men  of  knowledge,  and  able  to  reason  and 
judge  of  matters  that  should  happen  to  be  proponed.  And 
that  the  Assembly  should  not  be  troubled  with  unnecessary 
business,  it  was  ordained,  that  no  matters  should  be  moved 
which  the  superintendents  might  and  ought  to  determine  in 
their  synods.  Some  acts  of  discipline  were  also  concluded, 
as,  that  papists  continuing  obstinate  after  lawful  admonitions 
should  be  excommunicated;  and  that  the  committers  of 
murder,  incest,  adultery,  and  other  such  heinous  crimes, 
should  not  be  admitted  to  make  satisfaction  by  any  particular 
church,  till  they  did  first  appear  in  the  habit  of  penitents 
before  the  General  Assembly,  and  there  receive  their  injunc- 
tions. A  supplication  also  was  put  up  to  the  regent  and 
council,  wherein  amongst  other  particulars  it  was  desired, 
that  the  persons  nominated  in  Parliament  for  the  matter  of 
poUcy  or  jurisdiction  of  the  Church,  should  be  ordained  to 
meet  at  a  certain  day  and  place  for  concluding  the  same. 
This  was  promised,  and  the  eighth  of  August  appointed  to 
that  effect ;  but  the  diet  did  not  hold,  and  so  these  matters 
continued  unresolved  as  before.  In  the  end  of  the  Assembly 
the  bishop  of  Orkney,  who  had  been  deposed  from  all  func- 
tion in  the  Church  for  the  marriage  of  Bothwell  with  the 
queen,  was  upon  his  submission  reponed  to  his  place ;  and, 
for  removing  the  scandal,  he  was  enjoined  in  his  first  sermon 
to  make  public  acknowledgment  of  his  fault,  and  crave  for- 
giveness of  God,  the  Church,  and  Estate,  which  he  had 
offended.' 

About  the  end  of  September,  the  regent  and  those  that 
were  joined  with  him  in  commission  took  their  journey  into 
England,  and  came  to  York  the  fifth  of  October.^  The 
same  day  and  almost  the  same  hour  came  Thomas  Howard 
duke  of  Norfolk,  Thomas  earl  of  Sussex,  and  Sir  Ralph 
Sadler  chancellor  of  the  duchy  of  Lancaster,  having  com- 

'  [See  note  at  end  of  Book  IV.— E.] 

*  ["  Nota.  Fra  the  hiudereud  of  August  1568  to  the  secund  day  of  Merch  in 
the  samin  year,  na  dyettes  of  Justiciarie  halden,  be  ressoun  of  the  pest,  and  re- 
gentis  being  in  England." — Justiciary  Records,  MS.,  Advocates^  Library.  It 
must  be  kept  in  mind,  that  until  the  beginning  of  next  century,  the  25th  of 
March  was  New  Year's  Day.  See  note  at  the  end  of  this  volume  as  to  the  pest 
by  which  Edinburgh  was  scourged  in  1568.— E.] 


94  THE  HISTORY  OF  THE  [a.  D.  1568. 

mission  from  the  queen  of  England  to  hear  and  determine  all 
questions,  controversies,  debates,  and  contentions  betwixt  her 
sister  the  queen  of  Scots  and  the  subjects  adhering  to  her,  on 
the  one  part,  and  the  earl  of  Murray  and  others  refusing  to 
acknowledge  her  authority  and  adhering  to  the  prince  her 
son,  on  the  other ;  as  likewise  to  decide  all  matters  de- 
pending betwixt  themselves  two,  to  confirm  the  peace  before 
that  time  contracted,  or  estabUsh  a  new  confederation  be- 
twixt them,  their  people  and  subjects,  as  they  should  think 
most  convenient.  Some  two  days  after  John  Lesley  bishop 
of  Ross,  WilUam  Lord  Livingstone,  Robert  Lord  Boyd, 
Gawan  commendator  of  Kilwinning,  and  James  Cockburn  of 
Skirling,  commissioners  for  the  Scottish  queen,  came  to  the 
city,  where  being  all  convened,  and  the  commissions  ex- 
hibited, an  oath  was  presented  to  both  parties  by  the  com- 
missioners of  England,  by  which  they  were  required  to 
swear.  That  they  should  proceed  sincerely  in  that  conference 
and  treaty,  and  neither  for  affection,  mahce,  or  any  other 
worldly  respect,  propone  any  thing  before  the  commissioners 
which  in  their  consciences  they  did  not  hold  to  be  true,  just, 
godly,  and  reasonable ;  as  also  not  to  withdraw,  hide,  or  con- 
ceal any  matter  fit  to  be  opened  and  declared  for  the  better 
knowledge  of  the  truth  in  the  controversies  standing  amongst 
them. 

The  commissioners  of  the  queen  of  Scotland,  before  they 
took  the  oath,  protested,  "  That  although  the  queen  their 
mistress  was  pleased  to  have  the  differences  betwixt  her  and 
her  disobedient  subjects  considered  and  dressed  by  her 
dearest  sister  and  cousin  the  queen  of  England,  or  by  the 
commissioners  authorized  by  her  ;  yet  she  did  not  acknow- 
ledge herself  subject  to  any  judge  on  earth,  she  being  a  free 
princess,  and  holding  her  imperial  crown  of  God  alone." 
This  their  protestation  they  desired  to  be  put  on  record,  lest 
the  queen  or  her  posterity  should  be  prejudiced  in  their 
sovereignty  by  the  present  proceedings. 

The  commissioners  of  England  did  contrariwise  protest, 
"  That  they  did  neither  admit  nor  allow  that  protestation  in 
any  sort,  to  the  hurt  or  prejudice  of  that  right  which  the 
kings  of  England  have  claimed,  had,  and  enjoyed  as  superiors 
over  the  realm  of  Scotland ;  which  superiority  they  pro- 
tested should  belong  and  appertain  to  the  queen  their  mis- 


J 


A.  D,  1568.]  CHURCH  OF  SCOTLAND.  95 

tress  in  the  right  of  the  crown  of  England."  These  protes- 
tations made,  both  parties  took  the  oath  in  manner  as  was 
required  ;  and  this  was  the  act  of  the  first  meeting. 

The  next  day  the  commissioners  of  the  queen  of  Scotland 
presented  a  declaration  in  writing,  bearing,  "  That  James 
earl  of  Morton,  John  earl  of  Mar,  Alexander  earl  of  Glen- 
carne,  the  Lords  Home,  Lindsay,  Ruthven,  Sempill,  Cath- 
cart,  Ochiltrie,  and  others  their  assistants,  had  levied  an 
army  in  the  queen's  name  against  the  queen,  taking  her  most 
noble  person,  used  her  in  vile  manner,  and  thrust  her  into 
prison  in  Lochleven,  and  forcibly  broken  her  minthouse, 
taken  away  the  printing  irons,  with  all  the  silver  and  gold 
coined  and  uncoined  which  was  in  the  house  for  the  time,  and 
going  to  the  castle  of  Stirling,  had  made  a  fashion  to  crown 
her  son  the  prince,  being  then  but  thirteen  months  old. 
That  James,  earl  of  Murray,  taking  upon  him  the  name  of 
regent,  had  usurped  the  royal  authority,  and  possessed  him- 
self with  the  whole  forts,  castles,  munition,  jewels,  and  re- 
venues of  the  kingdom.  And  when  it  had  pleased  God  to 
relieve  her  out  of  that  prison  (wherem  she  was  so  straitly 
detained  by  the  space  of  eleven  months,  as  none  of  her 
friends  and  true  subjects  could  once  be  permitted  to  see  or 
speak  with  her),  and  that  she  had  publicly  declared  by  a 
solemn  oath,  in  the  presence  of  divers  of  the  nobility,  at 
Hamilton,  that  whatsoever  was  done  by  her  in  prison  was 
extorted  by  force,  threats,  and  fear  of  death ;  she,  out  of 
that  natural  affection  which  she  carried  to  her  realm  and  sub- 
jects, did  appoint  the  earls  of  Argyle,  Eghnton,  Cassils, 
and  Rothes,  to  agree  and  make  a  pacification  with  the  said 
regent  and  his  partakers  ;  but  they  were  so  far  from  admit- 
ting any  peaceable  treaty,  as  they  did  invade  her,  in  her 
passing  to  Dumbarton,  with  the  men  of  war  whom  she  had 
hired  with  her  own  moneys,  killed  divers  of  her  faithful  sub- 
jects, led  others  away  prisoners,  and  banished  some  of  good 
note,  for  no  other  cause  but  for  serving  faithfully  their  law- 
ful princess  ;  and  so  after  a  great  many  injuries  had  forced 
her  to  fly  into  England,  to  request  the  help  of  Queen  Eliza- 
beth her  dearest  sister,  and  in  blood  the  nearest  cousin  she 
had  in  the  world,  for  restoring  her  into  her  former  estate, 
and  compelling  her  rebellious  subjects  to  acknowledge  their 


96  THE  HISTORY  OF  THE  [a.  D.   1568 

due  obedience  unto  her  majesty,  which  they  in  her  highness' 
name  did  most  instantly  entreat." 

The  day  following,  which  was  the  ninth  of  October,  the 
regent  and  rest  of  the  commissioners  for  the  young  king  ap- 
pearing, before  they  would  give  any  answer  to  the  preceding 
writ,  craved  first  to  be  resolved,  Whether  the  duke  and  those 
that  were  appointed  with  him  for  hearing  their  controversies, 
had  power  to  pronounce  in  the  cause  of  the  king's  mother, 
o-uilty  or  not  guilty  ;  and  if  according  to  the  same  they  meant 
to  give  sentence  without  farther  delay  :  As  likewise,  if  it 
should  appear  by  the  declaration  they  were  to  make  that 
the  queen  of  Scots  was  guilty,  whether  she  should  be  de- 
livered in  their  hands,  or  detained  in  England  ;  and  if  the 
queen  of  England  would  from  thenceforth  maintain  the  au- 
thority of  the  king,  and  the  regency  established  in  the  per- 
son of  the  earl  of  Murray  ?  Which  points  they  desired  to 
have  cleared  before  they  could  enter  into  the  accusation  in- 
tended. The  duke  of  Norfolk  replied,  that  they  would 
proceed  according  to  the  commission  given  unto  them,  and 
render  an  account  to  her  who  had  trusted  them  therewith. 
Lethington  upon  this  turning  himself  to  the  regent  said, 
That  it  seemed  the  Enghsh  had  no  other  purpose  but  to  de- 
fame and  disgrace  the  reputation  of  the  queen  their  king's 
mother ;  therefore  willed  him  and  hfs  associates  to  consider 
what  hate  and  danger  they  should  draw  upon  themselves,  by 
accusing  her  in  such  a  public  form,  not  only  with  those  of 
her  own  nation  that  loved  the  queen,  but  also  with  other 
Christian  princes,  especially  with  her  cousins  in  France, 
and  what  they  could  answer  unto  the  king,  when  he  being 
of  ripe  years  should  esteem  that  manner  of  doing  dishonour- 
able to  himself,  his  mother,  and  to  the  whole  kingdom. 

They  notwithstanding  went  on,  and  presented  their  an- 
swer, conceived  in  the  terms  following.  "  That  King  Henry, 
father  to  their  sovereign  lord  the  king  now  reigning,  being 
horribly  murdered  in  his  bed,  James,  sometimes  earl  of  Both- 
well,  who  was  known  to  be  the  chief  author  thereof,  entered 
in  such  credit  with  the  queen,  then  their  sovereign,  as,  with- 
in two  months  after  the  murder  committed,  he  openly  at- 
tempted a  rape  of  her  person,  and  carried  her  to  Dunbar 
Castle,  where  he  did  keep  her  as  captive  a  certain  space, 


A.  D.  1568,]  CHURCH  OF  SCOTLAND.  97 

causing  a  divorce  to  be  led  betwixt  him  and  his  lawful  wife, 
and  upon  the  conclusion  thereof  did  suddenly  accomplish  a 
pretended  marriage  with  the  queen ;  which  insolent  pro- 
ceedings, together  with  the  shameful  report  that  passed  in  all 
nations  of  the  king's  murder,  as  if  the  whole  nobility  had 
been  alike  culpable  thereof,  so  moved  the  hearts  of  a  good 
number  of  them,  as  they  thought  nothing  could  be  performed 
more  honourable  to  themselves  in  the  sight  of  all  the  world 
than,  by  punishing  the  said  earl  who  had  committed  the 
murder,  to  free  themselves  of  the  vile  reports  spread  every- 
where ;  to  set  the  queen  at  liberty  from  the  bondage  of  that 
traitor,  who  had  so  presumptuously  enterprised  the  rape  and 
marriage  of  her,  whose  lawful  husband  he  could  not  be  ;  and 
to  preserve  the  innocent  person  of  the  king  from  the  hands  of 
him  that  had  murdered  his  father.  For  which  purpose  they 
taking  arms,  when  the  said  earl  came  against  them  with 
forces,  leading  in  his  company  the  queen  to  defend  his  wick- 
edness, they  offered,  for  sparing  the  blood  of  innocent  men, 
to  decide  the  quarrel  in  a  single  combat,  whereof  himself  by 
cartel  and  proclamation  had  sundry  times  made  offer.  But 
after  many  shifts  he  in  end  directly  refused  the  same,  and 
the  queen  preferring  his  impunity  to  her  own  honour,  that 
he  might  have  leisure  to  escape,  came  willingly  to  the  noble- 
men that  were  in  arms,  and  conferred  with  them  a  certain 
space ;  after  which  they  conveyed  her  to  Edinburgh,  inform- 
ing her  of  the  true  causes  that  moved  them  to  that  form  of 
dealing,  and  did  humbly  entreat  her  majesty  to  suffer  the 
said  earl  and  others,  the  king  her  husband's  murderers,  to  be 
punished  according  to  the  laws,  and  the  pretended  marriage, 
wherein  she  was  rashly  entered,  to  be  dissolved,  as  well  for 
her  own  honour,  as  for  the  safety  of  her  son  and  quietness  of 
the  realm  and  subjects.  But  having  received  no  other  an- 
swer but  rigorous  threats  against  the  noblemen,  and  she 
avouching  to  be  revenged  upon  all  those  that  had  shown 
themselves  in  that  cause,  they  were  driven  by  necessity  to 
sequestrate  her  person  foi*  a  season  from  the  company  of 
Bothwell,  and  the  keeping  of  any  intelligence  with  him,  until 
punishment  might  be  taken  of  him  and  of  the  murderers  of 
the  king  her  husband.  In  the  mean  time  she  finding  herself 
wearied  with  the  troubles  of  government,  and  perceiving  by 
things  that  had  passed  before  that  time  betwixt  her  and  the 


9&  THE  HISTORY  OF  THE  [a.  D.  1568. 

people,  that  neither  could  she  well  allow  of  their  doings,  nor 
they  like  of  her  forms,  upon  these  and  other  considerations 
she  voluntarily  resigned  her  kingdom,  and  transferred  the 
same  unto  her  son,  appointing  the  earl  of  Murray  (who  was 
at  that  time  absent  forth  of  the  realm)  to  be  regent  during 
her  son's  minority,  and  in  case  of  the  said  earl's  decease  or 
not  acceptation  of  the  said  office,  divers  other  noblemen, 
whose  names  are  expressed  in  the  commissions  signed  by  her- 
self, and  sealed  with  the  seals  of  the  kingdom.  The  king 
hereupon  being  duly,  rightly,  and  orderly  crowned  and 
anointed,  and  the  earl  of  Murray  after  his  return  lawfully 
placed  and  admitted  regent,  all  those  things  were  ratified  and 
confirmed  by  the  three  Estates  of  parliament,  most  of  those 
that  had  withdrawn  themselves  of  late  from  the  obedience  of 
his  authority  being  present  and  giving  their  consents  to  the 
same.  Not  the  less,  whenas  matters  were  thus  established, 
and  the  king's  authority  universally  obeyed  without  contra- 
diction, certain  persons,  envying  the  pubUc  quietness,  had  by 
their  subtle  practices  first  brought  the  queen  out  of  Loch- 
leven,  and  afterwards  by  open  force,  against  their  promised 
fidelity,  gone  about  to  subvert  the  government  received; 
wherein  as  they  were  proceeding,  it  pleased  God  to  disap- 
point their  enterprise,  and  give  unto  the  king  and  those  who 
stood  for  his  authority  a  notable  victory  upon  the  thirteenth 
day  of  May  last.  Wherefore  their  desire  was,  that  the  king 
and  his  regent  might  peaceably  rule  and  govern  the  subjects 
according  to  the  authority  they  had  received  of  God,  and  that 
the  same  might  be  conserved  and  established  against  the  fac- 
tions of  turbulent  subjects." 

The  commissioners  of  the  queen  of  Scots  having  seen  this 
answer,  made  a  long  and  particular  reply  to  all  the  points 
thereof,  wherein,  adhering  to  their  former  protestation,  first 
they  said,  "  That  the  pretext  of  taking  arms  against  the 
queen,  because  Bothwell  (the  author  of  her  husband's  mur- 
der) was  in  such  favour  with  her,  could  not  warrant  their 
rebellion,  since  it  never  was  made  known  to  the  queen  that  he 
was  the  murderer.  But  to  the  contrary,  Bothwell  being  in- 
dited, and  orderly  summoned  to  underly  the  trial  of  law,  he 
was  by  the  judgment  of  his  peers  absolved,  and  the  same 
absolution  ratified  by  the  authority  of  parliament,  where  the 
principals  that  now  accuse  him,  and  have  withdrawn  them- 


A.  D.  1568.]  CHURCH  OF  SCOTLAND.  99 

selves  from  her  majesty's  obedience,  were  present,  and  not 
only  consented  to  his  purgation,  but  solicited  the  queen  to 
take  him  to  her  husband,  as  the  man  most  worthy  to  bear 
rule  of  any  other  in  all  the  realm,  giving  their  bonds  to  de- 
fend him  against  all  that  should  pursue  him  for  the  said 
crime,  as  their  subscriptions  would  testify  :  and  so  neither 
before  the  marriage  with  Bothwell  nor  after  did  they  or  any 
of  them  (which  had  been  the  duty  of  true  subjects)  so  much 
as  in  word  utter  their  dislike  of  it,  or  advertise  her  majesty 
of  the  suspicions  that  were  taken  of  him,  until  they  had 
drawn  the  keeper  of  the  castle  of  Edinburgh  and  the  provost 
of  the  town  unto  their  faction.  Then  secretly  putting  them- 
selves in  arms,  they  suddenly  under  silence  of  night  environed 
the  castle  of  Borthwick,  where  her  majesty  remained ;  and 
after  she  had  escaped  to  Dunbar,  levied  an  army,  under  pre- 
tence to  defend  the  queen,  wherewith  invading  her  person  in 
the  way  betwixt  Dunbar  and  Edinburgh,  they  did  take  her 
majesty  captive." 

And  where  they  allege,  that  her  majesty,  preferring  the 
impunity  of  Bothwell  to  her  own  honour,  made  him  to  be 
conveyed  safely  away ;  "  The  same  was  most  untrue,  for 
they  themselves  sent  the  laird  of  Grange  to  her  majesty, 
desiring  her  to  cause  Bothwell  pass  out  of  the  fields  as  sus- 
pected of  the  king's  murder,  till  the  same  might  be  tried,  and 
that  she  would  go  with  them  and  follow  the  counsel  of  the 
nobility,  which  if  she  would  do,  they  would  honour,  serve, 
and  obey  her  as  their  princess  and  sovereign ;  whereunto  her 
majesty,  for  the  love  she  bare  unto  her  subjects,  and  to  avoid 
the  effusion  of  Christian  blood,  did  willingly  assent.  In  veri- 
fication whereof,  the  said  laird  of  Grange  took  the  earl  of 
Bothwell  at  the  same  time  by  the  hand,  and  willed  him  to 
depart,  giving  his  word  that  no  man  should  pursue  him.  So 
as  nothing  is  more  clear  than  that  he  passed  away  by  their 
own  consents ;  for  if  they  had  been  minded  against  him  only, 
would  they  not  have  pursued  him  so  long  as  he  was  in  the 
country,  for  he  remained  a  great  space  after  that  in  his  own 
house,  and  might  more  easily  have  been  taken  there  than 
upon  the  seas,  where  they  in  a  coloured  manner  did  pursue 
him  ?  Hereby  (said  they)  may  all  men  of  sound  judgment 
perceive  that  they  cared  not  what  became  of  him,  if  so  they 
might  advance  their  own  ambitious  purposes  and  designs." 


100  THE  HISTORY   OF  THE  [a.  D.  1568. 

Thirdly,  where  she  is  charged  to  have  used  them  with 
threats  and  menacmgs ;  "  That  (they  said)  was  not  to  be 
thought  strange,  considering  their  un dutiful  behaviour,  and 
the  rude  and  vile  usage  her  majesty  suffered  by  them.  For 
when  the  earl  of  Morton,  at  her  highness'  first  coming  to  them, 
had  reverently,  as  it  became  him,  said,  Madam,  here  is  the 
place  where  your  grace  should  be,  and  we  will  honour  and 
serve  you  as  truly  as  ever  the  nobility  of  the  realm  did  any 
of  your  progenitors  in  former  times,  ratifying  thereby  the 
promise  made  by  the  laird  of  Grange  in  their  names  to  her 
majesty,  and  that  she  trusting  their  speeches  had  gone  with 
him  to  Edinburgh ;  they,  first  lodging  her  in  a  simple  bur- 
gess house,  contrary  to  their  promises  did  most  rudely  entreat 
her ;  whereupon  she  sent  Lethington  her  secretary,  and  made 
offer  unto  them,  that  for  any  thing  wherein  they  or  any  of 
the  subjects  were  offended  she  was  content  the  same  should 
be  reformed  by  the  nobility  and  the  Estates  of  the  realm ; 
her  highness  being  present,  and  permitted  to  answer  for  her- 
self; yet  would  they  not  hearken  once  to  the  motion,  but  in 
the  night  secretly  and  against  her  will  carried  her  to  Loch- 
leven,  and  put  her  in  prison." 

As  to  that  they  say,  that  she,  wearied  with  the  molesta- 
tions of  government,  did  make  a  voluntary  resignation  of  the 
kingdom  in  favours  of  the  prince  her  son,  appointing  the 
earl  of  Murray  his  regent  during  his  minority,  "  the  false- 
hood thereof  did  (as  they  said)  many  ways  appear.  For, 
first,  her  majesty  is  neither  decayed  by  age,  nor  weakened 
by  sickness,  but  (praised  be  God)  both  in  mind  and  body 
able  to  discharge  the  most  weighty  affairs.  As  also  the 
truth  is  that  the  earl  of  Athole,  the  lairds  of  Tulhbardine 
and  Lethington  (who  were  of  their  counsel)  sent  Robert 
Melvill  with  a  ring  and  some  other  tokens  to  her  majesty, 
advising  her  to  subscribe  the  letters  of  resignation,  and  what 
else  should  be  presented  unto  her,  to  save  her  own  life,  and 
avoid  the  death  which  was  assuredly  prepared  for  her  if  she 
should  happen  to  refuse  the  same ;  and  at  the  same  time 
the  said  gentleman  did  bring  unto  her  majesty  a  letter 
written  by  Sir  Nicholas  Throgmorton,  ambassador  of  Eng- 
land, requesting  her  highness  to  set  her  hand  to  whatsoever 
thing  they  should  desire  of  her,  because  nothing  she  did, 
being  captive  and  prisoner,  could  prejudice  her.     To  whom 


A.  D.  1568.]  CHURCH  OF  SCOTLAND.  101 

her  majesty  answered,  that  she  would  follow  his  counsel;  pray- 
ing him  to  declare  to  her  dearest  sister,  the  queen  of  England, 
how  she  was  used  by  her  subjects,  and  that  the  resignation  of 
the  crown  made  by  her  was  extorted  by  fear,  which  her  high- 
ness doubteth  not  but  the  said  Nicholas  performed. 

"  Farther,  it  is  notorious  that  the  Lord  Lindsay,  at  the 
presenting  of  the  letters  of  resignation  unto  her  majesty,  did 
menace  to  put  her  in  close  prison  if  she  refused  to  set  her 
hand  to  the  same,  adding,  that  in  that  case  worse  would 
shortly  follow  ;  and  that  her  highness  never  looked  what 
was  in  the  writings  presented,  but  signed  the  same  with 
many  tears,  protesting  that,  if  ever  she  should  recover  her 
liberty,  she  would  disavow  that  which  he  compelled  her  at 
that  time  to  do.  And  to  testify  that  the  said  resignation 
was  made  against  her  will,  the  laird  of  Lochleven,  who  was 
then  her  keeper,  refused  to  subscribe  it  as  witness,  and  did 
obtain  a  testificat  under  her  majesty's  own  hand,  declaring 
that  he  refused  to  be  present  at  the  said  resignation. 

"  Neither  can  that  renunciation  be  sustained  by  any 
reason,  considering  that  no  portion  of  revenue  was  reserved 
for  her  to  live  upon,  neither  was  her  liberty  granted,  or  any 
security  given  her  of  her  life.  All  which,  weighed  in  the 
balance  of  reason,  will  to  men  of  indifferent  judgment  make 
manifest  that  the  alleged  dimission,  so  unlawfully  procured, 
can  never  prejudge  her  majesty  in  her  royal  estate;  especially 
considering  that  at  her  first  escape  out  of  prison  she  did 
revoke  the  same,  and  in  the  presence  of  a  great  part  of  the 
nobility  at  Hamilton,  by  a  solemn  oath,  declared  that  what  she 
had  done  was  by  compulsion,  and  upon  just  fear  of  her  life." 

For  the  pretended  coronation  of  her  highness'  son,  they 
said,  "  That  the  same  was  most  unorderly  done,  because 
there  being  in  the  realm  above  an  hundred  earls,  bishops, 
and  lords  having  voice  in  parliament,  (of  whom  the  greatest 
part  at  least  ought  to  have  consented  thereto,  it  being  an 
action  of  such  consequence,)  four  earls  and  six  lords,  (the 
same  that  were  present  at  her  apprehension,)  with  one  bishop, 
and  two  or  three  abbots  and  priors,  were  only  assisting ;  and 
of  the  same  number  some  did  put  in  a  protestation,  that 
nothing  then  done  should  prejudge  the  queen  or  her  successor, 
by  reason  she  was  at  that  time  a  captive.  Nor  can  any  man 
think  that  if  the  dimission  had  been  willingly  made  by  her 


f"-% 


102  THE  HISTORY  OF  THE  [a.  D.  1568. 

highness,  she  would  ever  have  nominated  the  earl  of  Murray- 
regent,  there  being  many  others  more  lawful,  and  that  have 
better  right  thereto  than  he  ;  of  whom  some  have  been 
governors  of  the  realm  in  former  times,  and  during  her 
majesty's  minority  had  worthily  excrced  that  place." 

It  is  to  as  little  purpose  what  they  object  of  the  parhament, 
and  the  ratification  made  therein,  "  seeing  the  principals  of 
the  nobility  disassented,  and  put  in  their  protestations,  both  to 
the  lords  of  the  articles  and  in  the  open  parhament,  against 
their  proceedings,  affirming  that  they  would  never  agree  to 
any  thing  that  might  hurt  the  queen's  majesty's  person,  her 
crown  and  royal  estate,  farther  than  her  highness'  self  being 
at  liberty  would  freely  approve."  Lastly,  where  they  would 
have  it  seen  that  the  authority  established  by  them  was 
universally  obeyed  in  the  realm,  and  all  things  well  and 
justly  administered  ;  "  both  these  are  alike  untrue.  For  a 
great  part  of  the  nobility  have  never  acknowledged  another 
authority  than  that  of  the  queen,  keeping  and  holding  their 
courts  in  her  majesty's  name.  And  for  the  administration 
of  affairs,  it  is  apparent  that  wickedness  did  never  reign 
more  and  with  less  controlment  in  the  realm,  murder,  blood- 
shed, with  theft  and  robbery,  every  where  abounding  ; 
policy  destroyed,  churches  thrown  down,  honourable  families 
ruinated,  and  true  men  bereft  of  their  goods,  for  satisfying 
the  soldiers  hired  by  them  to  maintain  the  regent's  usurped 
government,  the  like  whereof  hath  not  been  seen  nor  heard 
for  many  ages  before.  In  regard  whereof  they  in  behalf  of 
the  queen  of  Scotland,  their  mistress,  did  earnestly  request 
the  support  and  assistance  of  the  queen  of  England  her 
cousin,  for  restoring  her  to  her  crown,  and  suppressing  the 
rebels  that  had  attempted  against  her." 

The  English  commissioners  having  perused  the  writings 
of  both  sides,  declared,  that  as  yet  they  were  not  satisfied  with 
any  thing  the  regent  had  showed,  requiring  him  to  produce 
some  better  and  more  sound  reasons  for  the  severity  they 
had  used  against  their  sovereign,  otherwise  they  could  not 
but  think  she  had  been  too  hardly  dealt  with,  and  report  so 
much  to  the  queen  their  mistress.  The  regent  (who  dis- 
hked  nothing  more  than  to  be  drawn  into  the  accusation  of 
the  queen  his  sister)  answered,  that  he  could  not  be  more 
particular  till  he  should  be  assured  that  the  queen  of  Eng- 


A.  D.   1568.]  CHURCH  OF  SCOTLAND.  103 

land  would  undertake  the  protection  of  the  young  king,  and 
relinquish  the  cause  of  his  mother.  The  commissioners  re- 
plying, that  they  had  no  warrant  to  promise  any  such  thing, 
he  besought  them  to  try  the  queen's  mind,  that  her  pleasure 
being  known  he  might  sooner  resolve  what  to  do.  Letters 
hereupon  were  sent  to  the  queen,  who  willed  the  regent  to 
direct  some  one  or  more  of  his  side  to  court  for  her  better 
information.  To  this  effect  Secretary  Lethington  and  Mr 
James  Macgill,  clerk  of  the  rolls,  were  sent  thither,  with 
whom  the  queen  having  conferred  a  little  time,  she  gave 
order  to  recall  her  commissioners,  and  advertise  the  regent 
himself  to  come  unto  her.  At  his  coming  the  queen  laid  to 
his  charge  the  proceeding  against  his  sister  the  queen  of 
Scots,  saying,  that  "  she  did  not  see  how  he  and  the  rest  of 
his  faction  could  well  be  excused,  and  that  unless  matters 
were  better  cleared  on  their  parts,  she  could  not  deny  the 
help  and  assistance  that  was  required  at  her  hands."  The  re- 
gent, according  to  the  condition  proposed  at  York,  answered, 
"  That  if  she  would  take  upon  her  the  defence  of  the  king,  they 
should  be  more  particular  in  their  reasons  for  rejecting  the 
queen's  authority,  and  clear  every  thing  they  should  speak 
sufficiently ;  otherwise  to  accuse  his  sister  and  queen,  would 
be  held  odious  in  the  judgment  of  all  men." 

Whilst  these  things  were  a-doing  in  England,  the  queen's 
faction  at  home  sought  all  occasions  to  make  trouble,  abusing 
the  popular  sort  with  rumours  they  dispersed  :  sometimes 
giving  out  that  the  regent  was  made  prisoner  in  the  Tower ; 
at  other  times,  that  he  had  promised  to  subject  the  kingdom 
of  Scotland  to  the  EngHsh,  to  deliver  the  young  king  to  be 
brought  up  in  England,  and  put  all  the  forts  and  strong- 
holds in  the  realm  into  their  hands.  Nor  was  any  man 
more  busied  in  dispersing  such  hes,  and  using  all  means  else 
for  stirring  up  tumult,  than  Sir  James  Balfour,  instigated 
thereto  by  advertisement  from  the  secretary,  as  was  com- 
monly thought.  For  by  his  advice  it  was  that  the  Scottish 
queen  at  the  same  time  sent  commissions  of  lieutenandry  to 
divers  noblemen  for  erecting  again  her  authority ;  like  as  all 
the  while  he  remained  in  England  he  did  ever  keep  intelli- 
gence with  the  bishop  of  Ross  and  others  the  queen's  agents, 
and  was  one  of  the  chief  plotters  of  the  match  intended  be- 
twixt her  and  the  duke  of  Norfolk,  which  came  shortly  after 


104  THE  HISTORY  OF  THE  [a.  D.  1568. 

to  be  detected.  The  regent,  who  was  not  ignorant  of  these 
secret  workings,  did  find  there  was  a  necessity  of  his  return- 
ing home,  to  prevent  the  commotions  that  were  breeding, 
before  they  grew  into  a  greater  ripeness :  and  fearing  to 
offend  the  queen  of  England,  if  he  should  depart  without 
giving  her  satisfaction  in  the  particulars  she  desired  to  be  in- 
formed of  touching  the  queen  of  Scots,  resolved  to  do  it,  but 
with  a  protestation,  which  he  presented  in  writing  to  the  council 
at  Westminster  the  twenty-eighth  of  November,  in  this  form. 
"  Albeit  our  whole  proceedings  from  the  beginning  of  our 
enterprise,  directed  only  for  the  punishment  of  the  king's 
murder,  and  the  purging  of  our  nation  from  the  scandal  of 
that  abominable  fact,  may  let  the  world  see  how  unwiUing 
we  have  been  to  touch  the  queen  our  sovereign  lord's  mother 
in  honour,  or  to  publish  unto  strangers  matters  tending  to 
her  infamy,  yet  shall  it  not  be  amiss  upon  the  present  occa- 
sion to  show  briefly  what  hath  been,  and  still  is  our  meaning 
therein.  Such  and  so  great  was  our  devotion  toward  her,  as 
well  for  private  affection,  whereby  every  one  of  us  was  led 
to  wish  her  well,  as  for  pubhc  respects,  that  rather  than  we 
would  blemish  her  honour  with  the  foreknowledge  of  that 
detestable  murder,  we  choosed  to  wink  at  the  shrewd  reports 
of  the  world,  and  let  ourselves  be  blazoned  as  rebels  and  traitors 
to  our  native  prince ;  which  had  been  easy  for  us  to  have 
wiped  away  with  the  uttering  of  a  few  words,  if  the  desire  we 
had  to  save  her  reputation  had  not  made  us  content  that  the 
world  should  still  live  in  doubt  of  the  justice  of  our  quarrel, 
and  speak  every  one  as  their  affections  were  incUned.  So 
when  we  were  urged  by  the  queen's  majesty  of  England,  and 
the  French  king's  ambassadors,  to  give  a  reason  why  we  de- 
tained our  queen  at  Lochleven,  we  gave  no  other  answer, 
but  that  her  affection  was  so  excessive  towards  Bothwell,  the 
committer  of  that  odious  murder,  that  she  being  at  liberty  it 
would  not  be  possible  to  punish  him,  and  that  it  behoved  us 
for  a  season  to  sequestrate  her  person,  till  he  might  be  ap- 
prehended and  punished.  In  what  danger  this  dealing 
brought  us  we  have  no  need  to  show.  From  France  we  had 
nothing  to  expect  but  open  hostiUty,  and  by  keeping  up  the 
chief  causes  of  her  rejection  we  had  reason  to  fear  that  the 
queen  of  England  should  call  the  justice  of  our  proceedings 
in  doubt,  and  so  leave  us  destitute  of  her  majesty's  aid,  at 


A.  D.  1568.]  CHURCH  OF  SCOTLAND.  105 

whose  hands  we  principally  look  to  receive  comfort  in  time  of 
danger.  This  course  not  the  less  we  wonld  still  have  kept, 
if  the  importunity  of  our  adversaries  had  not  forced  us  to 
take  another  way.  For  remembering  what  a  person  she  is 
whom  we  are  brought  to  accuse,  the  mother  of  our  king  and 
sovereign  lord,  a  lady  to  whom  in  particular  the  greatest  part 
of  us  are  so  far  obhged  for  benefits  received,  that  if  with  the 
perpetual  exile  of  any  one,  or  of  a  number  of  us,  forth  of  our 
native  country,  we  could  redeem  her  honour  without  the 
danger  of  the  king  and  whole  Estate,  we  would  willingly 
banish  ourselves  to  that  end.  And  therefore  ere  we  dip 
further  in  the  matter  which  to  this  hour  we  have  shunned, 
we  solemnly  protest,  that  it  is  not  any  delight  we  take  in 
accusing  her,  but  a  necessity  that  is  laid  upon  us  to  purge 
ourselves,  that  draws  us  unto  it.  For  if  our  adversaries 
would  have  rested  content  with  our  former  answer,  which 
they  know  to  be  true,  no  farther  would  be  needed :  but 
against  our  hearts,  in  defence  of  our  just  cause,  they  com- 
pelled us  to  utter  the  things  which  we  wish  were  buried  in 
perpetual  oblivion.  So,  if  our  doing  seem  hateful  to  any, 
let  those  bear  the  blame  who  force  us  to  the  answer,  which 
they  know  we  may,  and  in  the  end  must  give.  One  thing 
only  we  desire,  that  they  who  have  brought  us  to  this  neces- 
sity may  be  present  and  hear  what  is  said,  that,  if  we  speak 
any  untruth,  they  may  refute  the  same,  for  even  in  point  of 
greatest  moment  we  will  use  their  own  testimony." 

This  being  communicated  with  the  agents  of  the  Scottish 
queen,  they  answered,  "  That  they  did  not  force  them  to  any 
accusations ;  and  if  they  did  utter  any  untruths,  or  calumniate 
the  queen  in  any  sort,  they  would  not  patiently  hear  it. 
That  all  their  desires  were  to  have  their  queen  restored  to 
her  kingdom,  from  which  by  force  of  arms  she  was  expulsed ; 
or  if  it  should  please  the  queen  of  England  to  hear  any  more 
of  that  matter,  they  requested  that  the  queen  of  Scots  might 
be  sent  for,  and  permitted  to  speak  for  herself." 

Meanwhile  by  a  new  patent  there  were  joined  to  the  other 
commissioners.  Bacon  keeper  of  the  great  seal,  the  earls  of 
Arundel  and  Leicester,  with  the  lord  admiral,  and  Sir 
William  Cecil,  and  a  time  assigned  to  the  regent  for  produc- 
ing the  reasons  of  the  queen's  rejecting.  When  the  day 
was  come,  he  presented  the  confessions  of  some  that  were 


10g  THE  HISTORY  OF  THE  [a.  D.   1568. 

executed  for  the  king's  murder ;  the  statutes  of  parliament 
ratifying  her  resignation  of  the  crown  and  her  son's  corona- 
tion, subscribed  by  divers  of  her  own  party ;  certain  amatory 
verses  and  epistles  written  to  Bothwell  (as  they  said)  with 
her  own  hand  ;  three  several  contracts  of  marriage  betwixt 
her  and  Bothwell ;  with  a  number  of  presumptions,  likeli- 
hoods, and  conjectures,  to  make  it  appear  that  she  was  privy 
to  the  murder  Bothwell  had  committed.* 

The  queen  of  England,  having  seen  and  perused  all  these, 
stood  doubtful  what  to  do :  for  albeit  she  was  content  to 
have  some  blot  rubbed  upon  the  queen  of  Scots,  as  many 
supposed,  yet  the  pity  of  her  misfortune  made  her  sometimes 
to  think  of  composing  matters  betwixt  her  and  her  subjects. 
The  terms  besides  wherein  she  stood  with  the  French  king, 
who  was  daily  by  his  ambassadors  soUciting  the  queen  of 
Scots'  hberty,  made  her  uncertain  what  course  to  take ;  for 
if  she  should  simply  deny  his  request,  it  would  be  esteemed 
a  breach  of  friendship ;  and  to  yield  unto  his  desire,  she 
thought  it  scarce  safe  for  her  own  estate.  Therefore  keep- 
ing a  middle  course,  she  resolved  to  suspend  her  declaration 
unto  another  time,  and  willed  the  regent,  seeing  he  could 
make  no  longer  stay,  to  leave  some  of  his  company  to  answer 
the  criminations,  which  possibly  his  adversaries  would  charge 
him  with  after  he  was  gone.  But  he  replying,  said,  "  That 
he  was  not  so  desirous  to  return  home,  but  he  would  wilUngly 
stay  to  hear  what  they  could  allege  against  him.  Nor  was 
he  ignorant  of  the  rumours  they  had  dispersed,  and  what 
they  had  spoken  both  to  some  of  the  council  and  to  the 
French  ambassador ;  which  were  more  convenient  to  be 
told  whilst  he  was  himself  in  place  and  might  make  answer, 
than  to  belie  and  calumniate  him  in  his  absence  :  wherefore 
he  did  humbly  entreat  her  to  cause  them  utter  the  things 
plainly  that  they  muttered  in  secret.  Hereupon  were  the 
queen  of  Scots'  commissioners  called,  and  it  being  inquired, 
whether  they  had  any  thing  to  object  against  the  regent 
which  might  argue  his  guiltiness  of  the  king's  murder ;"  they 
answered,  "  That  when  the  queen  their  mistress  should  bid 
them  accuse,  they  would  do  it,  but  for  the  present  they  had 

'  [Our  author  does  not  record  the  incident  of  the  bishop  of  Orkney  snatching 
the  written  accusation  from  the  hands  of  Secretary  Wood,  and  presenting  it  at 
the  council  table.    See  note  at  end  of  Book  IV.— E.] 


A.  D.  1568.]  CHURCH  OF  SCOTLAND.  107 

nothing  to  say."  The  regent  replied,  "  That  if  the  queen  or 
any  other  would  accuse  him,  he  should  ever  be  ready  to  give 
an  account  of  his  actions,  and  neither  dechne  place  nor  time ; 
but  in  the  meanwhile  till  she  should  intend  her  accusation,  it 
was  reason  they  should  declare  if  they  themselves  had  any 
thing  to  lay  unto  his  charge."  After  divers  subterfuges,  in 
end  they  professed  that  they  knew  nothing  which  might 
make  him  or  any  of  his  associates  suspected  of  the  murder. 

The  regent  now  at  the  point  to  depart,  a  new  let  was 
made  by  the  duke  of  Chatelherault,  who  coming  from  France 
by  England,  drew  himself  into  a  contestation  for  the  govern- 
ment ;  pleading  that  the  same  did  belong  to  him,  as  being 
the  nearest  of  blood,  and  lawful  heir  of  the  crown  next  after 
the  queen  of  Scots  and  her  succession. 

This  he  said  was  the  law  and  practice  of  all  nations,  and  a 
custom  perpetually  observed  in  Scotland ;  for  proof  whereof 
he  alleged  the  regency  of  Robert  Stewart,  uncle  to  King 
James  the  First,  with  that  of  his  son  Duke  Murdoch,  after 
the  father's  death  ;  the  government  of  John  duke  of  Albany 
in  the  minority  of  King  James  the  Fifth,  and  his  own  regency 
in  the  nonage  of  the  present  queen.  Contrary  to  which 
custom,  a  few  rebels  (as  he  complained)  had  most  injuriously 
to  liis  disgrace,  and  (which  was  most  unsufferable)  to  the 
contempt  of  the  lawful  blood,  preferred  one  base  born  unto 
the  supreme  dignity  ;  which  honour  if  it  should  be  restored 
to  him,  the  civU  troubles,  he  said,  would  cease,  and  the  queen 
without  any  tumult  be  restored  to  her  content.  Whereupon 
he  requested  the  queen  of  England's  favour,  and  that  by  her 
authority  the  earl  of  Murray  might  be  caused  cease  from  his 
usurped  government. 

To  this  in  behalf  of  the  regent  it  was  replied,  "  That  the 
duke's  petition  was  most  unjust,  and  contrary  to  the  custom 
and  laws  of  the  country,  which  provided  that  at  such  times 
as  the  crown  should  fall  into  the  hands  of  minors,  one  or 
more  of  the  most  sage  and  powerful  in  the  Estates  should  be 
elected  for  the  administration  of  affairs  unto  the  king's  ripe 
age.  This  course,  they  said,  the  Scots  had  constantly  kept 
the  last  six  hundred  years,  and  thereby  secured  the  king- 
dom, and  transmitted  the  same  free  and  safe  to  their  pos- 
terity. As,  for  instance,  after  the  death  of  King  Robert 
Bruce,  Thomas  Randolph,   earl  of  Murray,   was  elected 


108  THE  HISTORY  OF  THE  [a.  D.  1568. 

governor  ;  upon  his  death,  Duncan  earl  of  Mar  ;  after  him, 
Andrew  Murrray,  and  then  Robert  Stewart,  who  were  all 
chosen  regents  one  after  another.  In  the  minority  of  King 
James  the  Second,  Sir  Alexander  Livingstone  was  elected,  a 
man  neither  of  blood  to  the  king  nor  a  noble  man  of  degree, 
but  for  his  worth  and  wisdom  preferred.  In  hke  sort,  King 
James  the  Third  had  four  tutors  appointed  to  him  by  the  _ 
Estates,  none  of  them  for  any  respect  of  propinquity. 

"  And  for  the  examples  adduced  of  Duke  Murdoch  and 
John  duke  of  Albany,  they  made  nothing  to  the  purpose. 
The  last  of  the  two  in  the  minority  of  King  James  the  Fifth 
being  called  to  the  government  by  the  nobility,  and  confirmed 
therein  by  the  Estates.     And  to  show  that  in  his  election  no 
respect  was  had  to  nearness  of  blood,  his  elder  brother  Alex- 
ander was  then  alive,  who  would  not  have  been  passed,  if 
propinquity  or  kindred  had  carried  the  sway.     How  Duke 
Murdoch  and  his  father  before  him  came  to  govern,  it  was 
well  known.     King  Robert  the  Third,  waxing  infirm  and 
unable  to  rule  by  himself,  did  substitute  his  brother  (called 
Robert  likewise)  his  lieutenant  in  the  kingdom,  commend- 
ing his  two   sons,  David  and  James,   to    his  care.      But 
the  kindness  he  showed  to  them  was,  that  the  elder  of  the 
two  was  starved  to  death  in  the  palace  of  Falkland,  and  the 
younger  forced  to  fly  for  his  life,  he  being  detained  prisoner 
in  England.     After  the  father's  death,  the  uncle  usurped 
still  the  place  wherewith  he  was  possessed,  and  at  his  dying 
left  the  same  to  Murdoch  his  son.     As  to  that  he  speaks  of 
his  own  regiment,  they  said  he  had  done  more  wisely  not  to 
have  mentioned  it,  considering   his  preferment   proceeded 
rather  of  hatred  borne  to  the  cardinal,  who  had  supposed  a 
false  testament,  than  of  any  favour  carried  to  himself :  and 
that  being  possessed  in  the  place,  he  sold  both  it  and  the 
young  queen  to  the  French,  which  had  bred  a  great  deal  of 
trouble.     And  granting  the  custom  had  been  such  as  he  pre- 
tends, will  any  man  in  reason  judge  it  safe  to  commit  the 
tuition  of  an  innocent  child  to  him,  whose  family  hath  enter- 
tained so  long  enmity  with  that  of  which  the  king  is  de- 
scended, and  will  ever  be  waiting  and  wishing  the  death  of 
his  pupil?     None  will  think  it."     This  was  the  substance  of 
the  reply  ;  which  when  the  queen  of  England  heard,  she  di- 
rected certain  of  the  council  to  show  the  duke,  that  he  was 


A.  D.  1568.]  CHURCH  OF  SCOTLAND.  109 

not  to  look  for  any  help  from  her  in  that  business,  and  to 
prohibit  his  journey  into  Scotland,  till  the  regent  was  parted 
and  gone  home. 

About  the  same  time  there  were  letters  of  the  queen  of 
Scots  intercepted,  sent  to  the  noblemen  of  her  party  in  Scot- 
land, wherein  she  complained,  "  That  the  queen  of  England 
had  not  kept  promise  unto  her ;  yet  desired  them  to  be  of  good 
heart,  because  she  was  assured  of  aid  by  some  other  means, 
and  hoped  to  be  with  them  in  a  short  time."  These  letters 
sent  from  Scotland  to  the  regent,  he  delivered  to  the  queen 
of  England,  who,  from  thenceforth,  was  much  estranged  from 
the  queen  of  Scots,  as  well  for  that  she  charged  her  with 
breach  of  promise,  as  because  it  appeared  she  leaned  to  some 
others  besides  herself. 

The  regent  presently  after  took  his  journey  homewards, 
and  being  attended  by  the  sheriffs  and  gentlemen  of  the 
country  at  the  queen  of  England's  direction,  came  safely  to 
Berwick  the  first  of  February,  and  the  day  following  to 
Edinburgh.  Within  a  few  days  he  went  to  Stirling,  and  in 
a  convention  of  the  Estates  having  related  the  proceedings 
m  England,  had  all  ratified  and  approved. 

The  twentieth  of  the  same  month,  the  duke  of  Chatelher- 
ault  returned,  and  being  made  deputy  by  the  queen  of  Scots, 
caused  publish  his  letters,  prohibiting  the  subjects  to  acknow- 
ledge any  other  sovereign  than  the  queen.  Hereupon  the 
regent  gave  forth  proclamations,  charging  the  lieges  in  the 
king's  name  to  meet  him  in  arms  at  Glasgow  the  tenth  of 
March.  The  duke  in  the  mean  time  sent  to  the  Assembly  of 
the  Church,  convened  at  that  time  in  Edinburgh,  a  prohx 
letter,  wherein  he  signified,  "  That  being  in  France,  and  hear- 
ing what  troubles  were  moved  at  home,  the  love  he  carried 
to  his  native  country  made  him  return  with  intent  to  pacify 
these  stirs  at  his  utmost  power.  And,  howbeit,  in  his  ab- 
sence he  had  suffered  wrong,  yet  he  assured  them  that  his 
own  particular  did  not  grieve  him  so  much  as  the  danger 
wherein  the  kingdom  was  brought  by  the  diversity  that  had 
happened  betwixt  the  queen  their  native  sovereign  and  a  part 
of  her  subjects,  which  he  wished  to  be  removed  in  some  quiet 
and  peaceable  manner  ;  and  that  the  Estates  convening  might 
(after  they  had  considered  the  ground  and  beginning  of  these 
troubles,  which  he  conceived  to  be  the  murder  of  the  queen's 


110  THE  HISTORY  OF  THE  [a.  D.  1568. 

late  husband,)  with  one  consent  agree  upon  some  reasonable 
course  to  be  followed  for  redress  thereof,  and  of  the  evils 
which  thence  had  proceeded  ;  whereunto  he,  and  all  the  no- 
bility continuing  in  the  obedience  of  the  queen  their  sovereign, 
should  be  found  phable.  Which  he  did  not  write  (as  he  said) 
because  of  the  proclamations  made  by  the  earl  of  Murray  to 
convene  people  in  Glasgow  the  tenth  of  March ;  ^  for  since 
these  troubles  began  he  was  not  in  the  country  ;  and  if  all 
Scotland  were  gathered,  he  would  trust  for  his  own  and  his 
predecessors'  good  deserving  to  find  such  favour  as,  if  the  earl 
of  Murray  would  invade  him  and  his  friends,  he  should  not 
be  assisted  by  any  of  them  to  do  him  wrong.  Therefore  de- 
sired them  in  God's  behalf  (so  the  letter  beareth)  to  make 
his  mind  and  intention  known  to  the  people  ;  or  if  they  did 
not  think  his  desires  and  offers  reasonable,  that  they  would 
come  and  reason  with  himself,  whom  they  should  find  easy  to 
be  ruled  in  all  matters  according  to  God's  word  and  equity." 

To  this  letter,  dated  at  Hamilton,  the  twenty-seventh  of 
February  1568,  the  Assembly  answered,  "  That  they  would 
communicate  the  letter  with  the  regent,  and  know  his  plea- 
sure, whether  or  not  they  should  send  any  of  their  number 
to  the  duke  in  commission  to  treat  with  his  grace."  Which 
accordingly  they  did,  appointing  the  superintendents  of 
Lothian  and  Fife,  with  Mr  John  Row,  to  go  unto  the 
regent,  and,  having  obtained  his  license,  to  pass  to  the  duke 
and  noblemen  that  were  in  his  company,  and  use  all  means 
possible  for  reconciling  them  to  the  obedience  of  the  king 
and  his  regent. 

They  had  also  certain  petitions  given  them  to  be  presented 
to  the  regent  in  name  of  the  Church ;  as  to  desire,  "  That 
beneficed  persons  not  bearing  function  in  the  Church,  and 

'  ["  Spottiswoode  and  Buchanan  represent  the  regent's  order  to  assemble  troops 
as  issued  after  the  Convention,  and  after  the  duke  of  Chatelherault  had  arrived 
in  Scotland  ;  but  Lord  Hunsdon,  who  had  received  a  letter  from  the  re£;ent  him- 
self, states,  that  the  gathering  of  the  forces  was  by  the  appointment  of  the  Con- 
vention, and  there  can  be  little  doubt  that  this  was  the  case.  His  last  letter 
is  dated  twenty-first  February.  In  it  he  says  that  he  had  received  a  letter  from 
Murray,  on  the  twentieth,  mentioning  that  forces  were  ordered  to  join  him  by 
the  tenth  of  March.  But  the  duke  did  not  come  to  Scotland  till  the  twentieth  of 
February,  and  consequently  the  orders  must  have  been  issued  before  his  arrival. 
Indeed,  it  is  not  likely  that  the  regent,  contemplating  as  he  did  much  opposition, 
would  not  solicit  the  Convention's  approbation  of  the  strong  measures  which  ha 
judged  it  prudent  to  adopt."— Cook's  History  of  the  Church  of  Scotland, 
vol.  i.  p.  47.— E.] 


A.  D.  1568.]  CHURCH  OF  SCOTLAND.  Ill 

subject  only  in  payment  of  thirds,  should  be  compelled  to 
contribute  for  sustentation  of  the  poor  :  that  remedy  might 
be  provided  against  the  chopping  and  changing  of  benefices, 
diminution  of  rentals,  and  setting  of  tithes  in  long  leases,  to 
the  defrauding  of  ministers  and  their  successors  ;  that  they 
who  possessed  plurahty  of  benefices  might  be  caused  dimit  all 
saving  one ;  that  the  jurisdiction  of  the  Church  might  be  sepa- 
rated from  the  civil ;  and  that  they  might,  without  his  grace's 
offence  and  the  council's,  use  their  censures  against  the  earl 
of  Huntly  for  deposing  the  collectors  of  the  Church,  and 
placing  others  in  their  rooms,  by  his  own  authority."  Such  a 
respect  was  carried  in  that  time  to  civil  power,  as  the  Church 
could  not  proceed  in  censures  against  men  in  prime  places 
without  their  knowledge  ;  the  neglect  whereof  in  after  times 
brought  with  it  great  troubles  both  to  the  Church  and  State. 
I  find  in  the  same  Assembly,  the  university  of  St  Andrews 
ordained  to  meet,  and  form  such  orders  as  they  should  think 
fit  for  giving  degrees  in  divinity,  whereby  it  appeareth  that 
our  first  reformers  were  not  enemies  to  degrees,  either  in 
schools  or  in  Church. 

But  to  return  to  the  State  :  by  the  travels  of  the  superin- 
tendents, matters  for  that  time  were  transacted  betwixt  the 
regent  and  the  duke  in  this  manner.  "  That  the  duke  should 
come  to  Glasgow,  and  submit  himself  to  the  king's  authority. 
That  he  and  his  friends  should  be  restored  to  their  honours 
and  possessions.  That  he  should  give  surety  for  his  and 
their  continuing  in  the  king's  obedience ;  and  that  the  rest 
who  were  joined  with  him  in  that  cause  should  be  all  accepted 
upon  the  same  conditions."  This  transaction  not  contenting 
the  earls  of  Argyle  and  Huntly,  they  refused  to  be  com- 
prised under  it;  either  thinking  to  obtain  better  or  more 
easy  conditions  of  the  regent,  or  animated  by  the  queen  of 
Scots'  letters,  who  had  then  conceived  some  hopes  of  liberty. 

The  duke,  hearing  that  they  would  not  accept  the  condi- 
tions, did  forethink  what  he  had  done,  and  at  the  day  ap- 
pointed for  giving  in  his  surety,  though  he  came  himself  to 
Edinhm-gh,  made  divers  shifts,  desiring  that  all  matters 
might  be  continued  to  the  10th  of  May,  when  the  two  earls 
were  expected,  and  the  queen's  mind  would  be  better  known. 
It  was  told  him,  "  That  the  earls  were  treating  severally  for 
themselves,  so  as  he  needed  not  to  wait  on  their  coming. 


112  THE  HISTORY  OF  THE  [a.  D.   1569. 

And  for  the  queen's  approbation,  being  asked,  if  she  should 
deny  it,  what  in  that  case  would  he  do  ?"  More  ingeniously 
than  profitably  for  himself  he  answered,  "  That  he  was  drawn 
against  his  will  to  make  the  promise  he  had  made,  and  that 
if  he  were  freed  of  it,  he  would  never  consent  to  the  like." 
Thereupon  was  he  and  the  Lord  Herries  (who  accompanied 
him,  and  was  thought  had  diverted  him  from  liis  former  re- 
solution) committed  in  the  castle  of  Edinburgh. 

The  earls  of  Argyle  and  Huntly,  who  were  at  the  same 
time  making  their  own  appointment,  had  a  day  assigned 
them  at  St  Andrews,  whither  Argyle  came  first ;  and  with 
him  the  difiiculty  was  not  great,  because  in  the  last  tumults 
he  had  carried  himself  more  moderately  than  others ;  where- 
fore of  him  no  more  was  craved,  but  that  he  should  swear 
obedience  to  the  king  and  authority  in  time  coming,  as  he 
did.  The  business  with  Huntly  was  greater,  for  he  during 
the  regent's  absence  had  usurped  the  royal  power,  placing 
lieutenants  in  the  countries  of  Angus,  Mearns,  and  Stratherne, 
and  committed  great  spoils  upon  the  subjects  in  those  parts. 
Therefore  whenas  divers  of  the  council  did  advise  to  put  all 
things  past  in  oblivion,  it  was  by  others  opposed,  "  That  the 
example  of  such  impunity  would  prove  hurtful:  for  when 
they  that  had  continued  in  the  king's  obedience,  and  sustained 
loss  in  their  goods,  should  perceive  the  rebels  after  a  manner 
rewarded,  and  no  regard  taken  of  their  losses,  they  would 
undoubtedly  grudge,  and,  if  troubles  should  afterwards  arise, 
be  more  slack  to  do  service ;  yea,  granting  there  were  no 
such  inconvenience  to  be  feared,  yet  neither  the  regent  nor 
yet  the  king  himself  could  by  law  remit  the  robbing  of  an- 
other man's  goods,  unless  restitution  was  made  of  that  which 
was  spoiled."  And  whereas  some  did  object  his  greatness, 
and  that  his  lying  out  might  cause  great  uuquietness,  it  was 
replied  that  "  it  was  an  idle  fear :  for  was  not  his  father,  a  man 
of  greater  wealth  and  wisdom,  easily  brought  under  foot, 
when  he  set  himself  against  the  authority  ?  And  shall  he, 
who  hath  not  as  yet  repaired  the  calamities  of  his  house,  be 
able  to  withstand  the  forces  of  a  whole  kingdom  ?  It  is  more 
foohsh,  they  say,  that  he  will  seek  to  some  foreign  prince, 
and  so  endanger  the  country ;  for  whom  shall  he  find  ? 
Princes  are  not  wont  to  make  account  of  strangers,  farther 
than  may  serve  to  their  own  commodity.     To  accept  him  in 


A.  D.   1569.]  CHURCH  OF  SCOTLAND.  113 

favour,  they  said,  was  sufficient,  albeit  he  gave  satisfaction 
to  the  subjects  whom  he  had  wronged."  This  opinion  pre- 
vailing, it  was  concluded  that,  after  trial  of  the  complaints, 
he  should  satisfy  those  that  he  had  wronged,  at  sight  of  the 
council. 

But  then  arose  another  question,  "  Whether  all  that  had 
assisted  him  in  these  last  troubles  should  be  comprised  in  his 
remission,  and  power  given  him  to  compone  with  them  for 
satisfying  such  as  complained ;  or  that  they  should  be  sever- 
ally  called,  and  every  man  fined  as  he  should  be  tried  to 
have  offended."  They  who  thought  the  earl  too  rigorously 
used  in  the  point  of  satisfaction,  held  that  to  be  the  smallest 
favour  which  could  be  done  to  him,  to  remit  his  followers  to 
himself.  But  to  the  contrary  it  was  answered,  "  That  in  civil 
wars  nothing  was  so  much  to  be  looked  unto  as  the  weaken- 
ing and  dissolving  of  factions,  which  is  the  most  easily  wrought, 
when  the  prince  reserves  to  himself  the  power  of  pardon  and 
punishment."  It  was  farther  said,  "  That  a  several  examina- 
tion was  necessary,  because  all  had  not  offended  alike ;  and 
that  no  man  was  so  unfit  to  take  that  trial  as  the  earl  himself, 
because  in  all  probability  they  should  find  most  favour  at  his 
hand  who  had  been  most  forward  in  his  service,  and  so  the 
least  guilty  should  bear  the  heaviest  punishment."  Upon 
these  considerations  it  was  thought  meet  to  convene  his  fol- 
lowers severally,  remitting  his  domestics  only  to  be  used  by 
him  at  his  pleasure.  And  thus  was  he  received  into  grace  ; 
which  done,  the  regent  made  an  expedition  into  the  north, 
where  having  kept  justice-courts  at  Aberdeen,  Elgin,  and 
Inverness,  he  settled  all  those  parts  in  peace,  and  for  observ- 
ing the  same  took  pledges  of  Huntly,  and  the  principal 
clans  of  the  country. 

In  his  return  the  Lord  Boyd,  who  was  lately  come  from  Eng- 
land, did  meet  him  at  Elgin  with  letters  from  both  the  queens, 
and  some  others  written  by  his  private  friends  in  the  Eng- 
Ush  court.  The  queen  of  England  in  her  letters  made  offer 
of  three  conditions  in  behalf  of  the  queen  of  Scots,  requiring 
one  of  the  three  to  be  accepted.  These  were,  "  That  she 
should  either  be  absolutely  restored  to  her  royal  dignity  ; 
or  be  associated  in  the  government  with  her  son,  and  in  all 
letters  and  public  acts  honoured  with  the  title  of  a  queen, 
the  administration  of  affairs  continuing  in  the  regent's  hands 

VOL.  n.  8 


114  THE  HISTOUy  OF  THE  [a.  D.  1569. 

till  the  king  should  be  seventeen  years  of  age ;  or,  if  none 
of  these  could  be  granted,  that  she  might  be  permitted  to 
return  unto  her  country,  and  live  a  private  life,  having 
honourable  means  appointed  for  her  entertainment."  The 
queen  of  Scots  desired  "that  judges  should  be  appointed  for 
cognoscing  the  lawfulness  of  her  marriage  with  Bothwell, 
and  if  the  same  was  found  contracted  against  the  laws,  it 
might  be  declared  null,  and  she  made  free  to  marry  where 
she  pleased."  From  private  friends,  especially  by  a  letter  of 
Sir  Nicholas  Throgmorton,  the  regent  was  advertised,  that 
the  marriage  of  the  duke  of  Norfolk  with  the  queen  of  Scots 
was  concluded,  and  that  they  did  wait  only  the  opportunity 
of  performance.  Wherefore  he  wished  liim  to  concur  with 
his  best  friends  in  that  matter,  and  to  do  it  with  such  ex- 
pedition and  good  affection,  as  it  might  not  appear  either  to 
the  queen  his  sister,  or  others  who  had  interest  in  the 
business,  that  his  consent  was  extorted,  and  not  willingly 
given.  To  this  effect  he  advised  him  to  send  the  laird  of 
Lethington  to  England  with  speed,  as  the  wisest  and  most 
sufficient  man  he  could  choose,  who  would  provide  for  him 
and  the  rest  that  had  assisted  him,  substantially  and  as- 
suredly. "  His  conscience,"  he  said,  "  and  some  over  precise 
objections  might  perhaps  trouble  him ;  but  if  he  could  have 
espied  any  other  thing  than  his  overthrow  in  resisting,  he 
would  not  have  written  so  peremptorily  unto  him."  Then 
concluded  with  these  words,  "  No  man's  friendship  will  be 
more  embraced  than  yours,  no  man's  estimation  be  greater  if 
you  shall  conform  yourself,  and  concur  with  your  friends  in 
this  :  contrariwise,  if  you  withstand,  or  become  an  adverse 
party,  you  will  be  so  encumbered  both  from  hence,  from  thence, 
and  all  other  places,  as  no  man  can  advise  you  what  to  do. 
Therefore  God  send  you  to  direct  your  course  for  the  best." 
This  letter  was  accompanied  with  another  from  Sir 
Nicholas  to  Lethington,  wherein  he  showed,  that  according  to 
his  advice  he  had  written  to  the  regent  with  a  great  zeal 
and  care  of  his  well  doing,  (these  were  the  words  he  used,) 
and  requested  he  should  hasten  his  coming  to  court  for  that 
business,  the  same  being  as  yet  concealed  from  the  queen, 
till  he  as  the  fittest  minister  might  propone  the  same  in 
behalf  of  the  regent  and  nobility  of  Scotland,  whereunto  he 
held  it  assured  the  queen  would  assent,  as  preferring  her 


A.  D,  1569.]  CHURCH  OF  SCOTLAND.  115 

own  surety,  the  tranquillity  of  her  kingdom  and  conservation 
of  her  people,  before  any  device  that  might  proceed  from 
the  inconsiderate  passions  of  whomsoever.  And  that  he 
might  be  the  more  encouraged,  he  did  inform  him  particu- 
larly of  the  duke  of  Norfolk's  consent,  and  the  approbation 
of  the  earls  of  Arundel,  Pembroke,  Leicester,  Bedford, 
Shrewsbury,  and  the  rest  of  the  noblest,  wisest,  ablest,  and 
mightiest  of  that  realm.  And  it  was  truth  that  he  wrote  of 
their  consenting,  howbeit  with  a  condition,  so  that  the  queen 
of  England  was  not  against  it :  yea,  besides  these,  divers 
well  aifected  both  to  religion  and  state  did  wish  the  purpose 
a  good  success  ;  for  perceiving  no  inclination  in  the  queen  of 
England  herself  to  take  a  husband,  they  feared  the  queen 
of  Scots,  who  was  her  undoubted  heir,  by  matching  with 
some  foreign  prince,  might  endanger  both  religion  and  state ; 
and  therefore  desired  the  marriage  with  the  duke  might 
take  effect,  he  being  a  nobleman  of  England,  beloved  of  the 
people,  and  educated  in  the  protestant  rehgion.  For  by  this 
match,  as  they  made  account,  if  it  should  happen  the  young 
king  to  die,  the  two  kingdoms  might  be  united  in  a  prince  of 
the  Enghsh  nation  ;  or  if  he  lived  unto  a  ripe  age,  he  might 
be  married  with  the  duke's  youngest  daughter,  who  was  near 
of  the  same  age,  and  that  way  the  two  crowns  be  made  one. 
But  these  devices  proved  idle  and  vain,  as  we  shall  hear. 

The  regent,  for  answering  these  letters,  did  appoint  a 
meeting  of  the  Estates  at  Perth  in  July  thereafter.  At 
which  time  an  Assembly  of  the  Church  was  also  kept  in 
Edinburgh,  and  from  it  commissioners  directed  to  the  Con- 
vention, to  renew  the  petitions  made  the  year  preceding, 
that  as  yet  had  received  no  answer.  And  farther,  to  desire 
"  that  a  portion  of  the  tithes  might  be  allotted  for  sustenta- 
tion  of  the  poor  ;  the  labourers  of  the  ground  permitted  to 
gather  the  tithes  of  their  proper  corns,  paying  for  the  same 
a  reasonable  duty ;  and  that  the  thirds  of  benefices,  being 
really  separated  from  the  two  other  parts,  the  collectors  of 
the  Church  might  peaceably  intromit  therewith,  for  the 
more  ready  payment  of  ministers  according  to  their  assigna- 
tions." But  these  petitions,  in  regard  of  the  more  weighty 
business,  were  deferred  to  another  time. 

And  the  Convention  falling  to  consider  the  letters  sent 
from  England,  did  hardly  accord  upon  an  answer.     Begin- 


116  THE  HISTORY  OF  THE  [a.  U.  1569. 

ning  with  that  of  the  queen  of  England,  they  judged  the 
first  condition  so  derogatory  to  the  king's  authority,  as  they 
did  simply  reject  it.  The  second,  of  association,  was  held 
dangerous  ;  and  the  third  only  thought  reasonable,  and 
meet  to  be  accepted.  But  when  they  came  to  speak  of  the 
queen  of  Scots'  desires,  the  contention  was  great.  They 
that  stood  for  the  king's  authority  taking  exception,  first,  at 
her  imperious  form  of  writing,  and  that  she  did  command 
them,  as  though  she  were  their  absolute  queen ;  then  at  the  de- 
sire itself  they  excepted,  not  holding  it  safe  to  condescend  unto 
the  same  before  the  queen  of  England  should  be  acquainted 
therewith  ;  for  they  conceived  some  other  thing  to  be  lurk- 
ing under  that  purpose  of  divorce  than  was  openly  pretended. 
Such  as  affected  the  queen,  and  were  privy  to  the  marriage 
intended  with  Norfolk,  excusing  the  form  of  writing,  and  lay- 
ing the  blame  upon  her  secretaries,  made  offer  to  procure  new 
letters  in  what  terms  they  pleased,  so  as  judges  were  named 
to  proceed  in  the  divorce  :  and  when  they  saw  this  not  to  be 
regarded,  in  a  chafing  mood  they  said,  "  That  it  was  strange 
to  think,  how  they  that,  not  many  months  passed,  seemed  to 
desire  nothing  more  than  the  queen's  separation  from  Both- 
well,  should  now  when  it  was  offered  decline  the  same."  It 
was  answered  again  in  heat,  "  That  if  the  queen  was  so 
earnest  in  the  divorce,  she  might  write  to  the  king  of  Den- 
mark, and  desire  him  to  do  justice  upon  Bothwell  for  the 
murder  of  the  king  her  husband.  That  done,  the  divorce 
would  not  be  needful,  and  she  freed  to  marry  where  and 
when  she  pleased." 

The  Convention  breaking  up,  and  neither  the  queen's  fac- 
tion obtaining  what  they  desired,  nor  Lethington  the  employ- 
ment Avhich  he  affected,  new  suspicions  began  to  rise  on  all 
sides,  and,  as  in  the  most  secret  practices  somewhat  always  is 
bursting  forth,  a  rumour  went  rife  amongst  the  common  sort, 
that  some  great  enterprise  was  in  hand,  which  would  bring 
with  it  a  wonderful  change  in  both  kingdoms.  Mr  John  Wood, 
one  of  the  regent's  domestics,  being  sent  with  the  answer  of 
the  Convention,  did  signify  to  the  queen  of  England  the  busi- 
ness made  about  the  divorce,  and  what  was  done  concerning 
it ;  but  she,  not  seeming  to  regard  the  matter,  professed  that 
she  was  not  satisfied  with  the  answer  of  the  Convention,  and 
desired  they  should  think  better  of  the  conditions  proposed. 


A.  D.  1569.]  CHURCH  OF  SCOTLAND.  117 

The  truth  was,  that  she  held  not  the  gentleman  of  sufficient 
quality  to  deal  in  such  businesses ;  for  otherwise  she  was  not 
ignorant  of  the  cause  wherefore  the  divorce  was  sought,  and 
had  warned  Norfolk  to  take  heed  on  what  pillow  he  laid  his 
head ;  yea,  she  took  so  ill  the  queen  of  Scots'  carriage  in 
that  matter,  as  shortly  after  she  caused  her  to  be  removed  to 
Coventry,  more  within  the  country,  and  gave  her  in  custody 
to  George  Talbot,  earl  of  Shrewsbury,  and  Edward  Hast- 
ings, earl  of  Huntingdon. 

The  regent,  upon  his  servant's  return,  convened  the  no- 
bility again  at  Stirling,  where  in  effect  the  same  answer,  that 
of  before,  was  given  to  the  propositions  made  by  the  queen 
of  England ;  and  herewith  Robert  Pitcarne,  abbot  of  Dun- 
fermhne,  a  man  of  good  sufficiency,  was  directed,  who  was 
willed  to  say  for  the  point  of  association,  "  That  the  same 
could  not  be  granted,  as  tending  to  the  utter  overthrow  of 
the  king's  authority,  and  the  endangering  of  his  person.  For 
besides  that  the  participation  of  a  crown  was  obnoxious  to 
many  perils,  there  could  be  no  equality  of  government  be- 
twixt an  infant  king  and  a  woman  of  mature  age,  who  would 
find  a  thousand  ways,  being  once  possessed  with  a  part  of 
the  rule,  to  draw  the  whole  unto  herself.  And  if  it  should  fall 
that  she  matched  with  some  foreign  prince,  or  other  great 
personage  who  must  needs  be  partner  with  her  in  the  govern- 
ment, the  danger  would  be  so  much  the  greater."  These 
and  the  like  reasons  he  was  willed  to  use  for  the  queen  of 
England's  satisfaction.  But,  before  his  coming  to  court,  the 
face  of  things  was  quite  changed ;  the  duke  of  Norfolk  com- 
mitted to  the  Tower,  and  the  bishop  of  Ross  put  in  the  keeping 
of  the  bishop  of  London.  After  which  brake  shortly  forth  that 
rebellion  in  the  north  part  of  England,  whereof  ThomasPercy, 
earl  of  Northumberland,  and  Charles  Nevil,  earl  of  Westmore- 
land, were  the  heads.  A  rebellion  that  in  the  beginning  caused 
great  stir,  and  put  the  queen  of  England  in  such  fear,  as  once 
she  resolved  to  send  the  queen  of  Scots  by  sea  to  the  regent ; 
but  the  sudden  dispersing  of  the  rebels  altered  that  resolution. 
The  two  earls  fleeing  into  Scotland,  Northumberland 
was,  not  long  after,  put  out  by  some  borderers  to  the  regent, 
and  sent  to  be  kept  in  Lochleven :  Westmoreland  found  the 
means  to  escape  into  Flanders,  where  he  hved  long  in  a  poor 
and  contemptible  estate. 


118  THE  HISTORY  OF  THE  [a.  D.  1569. 

Lethington,  perceiving  all  his  devices  frustrated,  and  being 
conscious  to  himself  of  divers  ill  practices,  remained  for  the 
most  part  with  the  earl  of  Athole  at  Perth ;  who  being  sent 
for  to  come  to  the  regent,  made  divers  excuses,  and  when  he 
could  not  shift  his  coming  any  longer,  entreated  Athole  to 
accompany  him,  that  if  need  was  he  might  use  his  interces- 
sion. Being  at  Stirling  in  council.  Captain  Thomas  Craw- 
ford, servant  to  the  earl  of  Lennox,  did  openly  charge  him 
with  the  king's  murder,  whereupon  he  was  committed  in  a 
chamber  within  the  castle  of  Stirling.  And  at  the  same  time 
were  certain  directed  to  apprehend  Sir  James  Balfour,  who 
was  guilty  of  the  same  crime  ;  but  he  made  an  escape. 
Lethington  was  sent  prisoner  to  Edinburgh  (where  he  was 
to  have  his  trial)  under  the  charge  of  Alexander  Home  of 
North  Berwick,  a  trusty  gentleman. 

Having  stayed  some  days  in  lodging  not  far  from  the 
castle,  the  laird  of  Grange,  counterfeiting  the  regent's  hand, 
came  about  ten  of  the  clock  at  night,  and  presented  a  war- 
rant for  receiving  the  prisoner  in  his  keeping.  The  gentle- 
man, taking  no  suspicion,  obeyed,  for  he  knew  no  man  to  be 
more  inward  with  the  regent  than  was  Grange.  And  he, 
indeed,  unto  that  time  did  carry  the  reputation  of  an  honest 
man,  nor  was  any  one  thought  more  sure  and  fast  than  he 
was.  But  from  thenceforth  he  became  hated  of  all  good  men, 
and  was  in  no  esteem,  as  having  abused  his  credit  and  de- 
ceived the  regent,  to  whom  he  was  many  ways  obHged.  For, 
besides  other  benefits,  he  had  preferred  him  before  all  his 
own  friends  to  be  keeper  of  the  castle  of  Edinburgh.  The 
next  day,  being  sent  for  to  come  to  the  regent,  he  refused. 
Not  the  less,  the  day  following  (so  careful  the  regent  was  to 
reclaim  the  man)  he  went  himself  to  the  castle,  and  conferred 
a  good  space  with  him,  accepting  the  excuse  he  made,  and 
contenting  himself  with  a  promise  to  exhibit  Lethington  when 
he  should  be  called  to  his  trial. 

After  which,  keeping  his  journey  to  the  borders,  which  he 
had  intended,  he  went  by  the  Merse,  and,  as  he  was  accus- 
tomed, took  up  his  lodging  in  the  castle  of  Home.  But  there 
he  was  coldly  received,  the  lord  of  the  place  having  changed 
his  party,  and  taken  himself  to  the  contrary  faction.  From 
thence  he  went  to  Teviotdale ;  and  though  he  was  advised 
by  his  friends,  because  of  his  small  company,  to  return,  and 


A.  D.  1569.]  CHURCH  OF  SCOTLAND.  119 

defer  his  journey  to  another  time,  he  would  needs  go  on,  and 
had  great  obedience  showed  in  all  the  parts  to  which  he  came. 

All  the  time  of  this  expedition  he  had  warning  given  him 
daily  of  some  practices  against  his  life,  wherein  Grange  was 
ever  named  as  one  of  the  principals.  But  he,  not  trusting 
these  informations,  sent  the  copies  of  all  his  advertisements 
to  Grange ;  whose  purgations  were  so  slender,  as  he  was  ever 
after  that  time  held  suspected.  Soon  after  the  regent's  re- 
turn from  the  borders,  the  abbot  of  Dunfermline  came  home 
from  England,  showing  that  the  queen  had  taken  in  good 
part  the  answer  of  the  council,  and  was  specially  pleased  with 
the  taking  of  Northumberland,  which  she  promised  to  re- 
member with  all  kindness. 

And  now  the  diet  approaching  of  Lethington's  trial,  because 
of  the  numbers  that  were  preparing  to  keep  the  day,  the 
regent,  disliking  such  convocations,  and  for  that  he  would  not 
have  justice  outbragged,  did  prorogate  the  same  for  some 
months. 

The  adverse  faction  finding  his  authority  daily  to  increase, 
and  despairing  of  any  success  in  their  attempts  so  long  as  he 
lived,  resolved  by  some  violent  means  to  cut  him  off;  and  to 
bring  the  matter  to  pass,  one  James  Hamilton  of  Bothwell- 
haugh  did  offer  his  service.  This  man  had  been  imprisoned 
some  time,  and  being  in  danger  of  his  life,  redeemed  the  same 
by  making  over  a  parcel  of  land  in  Lothian,  called  Wood- 
houselee,  that  came  to  him  by  his  wife,  to  Sir  James  Bellen- 
den,  justice- clerk.  How  soon  he  was  let  at  liberty  he  sought 
to  be  repossessed  to  his  own,  and  not  seeing  a  way  to  recover 
it  (for  the  justice-clerk  would  not  part  therewith),  he  made 
his  quarrel  to  the  regent,  who  was  most  innocent,  and  had 
restored  him  both  to  life  and  liberty.  The  great  promises 
made  him  by  the  faction,  with  his  private  discontent,  did  so 
confirm  his  mind,  as  he  ceased  not  till  he  found  the  means  to 
put  in  execution  the  mischief  he  had  conceived  against  him  ; 
and  having  failed  the  occasion  which  he  attended  at  Glasgow 
and  Stirling,  he  followed  the  regent  to  LinUthgow,  where 
lurking  privily  in  the  archbishop  of  St  Andrews  his  uncle's 
lodging,  the  next  day,  as  the  regent  did  pass  that  way,  he 
killed  him  with  the  shot  of  a  bullet,  that  entering  a  little  be- 
neath the  navel,  and  piercing  the  bowels,  did  strike  dead  the 
horse  of  a  gentleman  who  was  riding  on  his  other  side.    The 


120  THE  HISTORY  OF  THE  [a.  D.  1569. 

regent  had  warning  given  him  the  same  morning,  that  one 
did  lie  in  wait  for  his  Hfe,  and  had  the  house  designed  where 
the  man  did  lurk  ;  but  giving  small  ear  unto  it,  answered, 
that  "  his  life  was  in  the  hands  of  God,  which  he  was  ready 
to  yield  at  his  good  pleasure."  Only  he  resolved  to  pass  out 
of  the  town  by  the  same  gate  at  which  he  entered,  and  to 
turn  on  the  back  of  the  town  unto  the  way  that  led  to  Edin- 
burgh, whither  he  was  purposed.  But  when  he  had  taken 
horse,  either  that  he  would  not  seem  fearful,  or  then  hindered 
by  the  throng  of  horsemen  that  attended,  and  thinking  to 
ride  quickly  by  the  house  that  was  suspected,  he  changed  his 
resolution ;  but  the  throng  there  working  him  the  like  im- 
pediment, the  murderer  had  the  occasion  to  execute  his 
treachery. 

How  soon  the  regent  perceived  himself  stricken,  he  lighted 
from  his  horse,  and  returned  on  foot  to  his  lodging.  The 
chirurgeon  at  the  first  inspection  of  his  wound  did  affirm  it 
not  to  be  deadly,  yet  after  a  few  hours  his  pain  increasing 
he  began  to  think  of  death.  They  who  stood  by  saying, 
that  he  had  lost  himself  by  his  clemency,  having  spared  that 
miscreant  whose  life  he  might  justly  have  taken ;  he  an- 
swered, that  "  they  should  never  make  him  forthink  any 
good  he  had  done  in  his  life."  Thereafter  giving  order  for 
his  private  aifairs,  he  seriously  commended  the  care  of  the 
young  king  to  such  of  the  nobility  as  were  present,  and  die 
a  little  before  midnight.  This  fell  out  the  twenty -third  oi 
January  1569,  being  a  Saturday. 

The  murderer  escaping  by  the  postern-gate  of  the  garder 
came  the  same  night  to  the  town  of  Hamilton,  where  at  first 
he  was  welcomed  with  many  gratulations  and  made  much  of; 
yet  shortly  after,  to  decline  the  envy  of  the  fact,  which  theyl 
heard  was  universally  detested,  they  gave  him  a  little  monej 
and  sent  him  away  into  France.  Thuanus  writeth  in  his 
story,  that,  not  long  after  he  came  thither,  he  was  sohcited 
to  undertake  the  like  enterprise  against  Gasper  Cohgnie, 
that  worthy  admiral  of  France ;  and  that  he  did  answer, 
that  "  he  had  no  warrant  from  Scotland  to  commit  murders 
in  France ;  and  howbeit  he  had  taken  revenge  of  the  wrong 
done  to  himself,  he  was  not  either  for  price  or  prayer  to 
undertake  other  men's  quarrels."  Whether  this  was  so  or 
not,  I  leave  it  upon  the  credit  of  the  writer. 


A.  D.  1569.]  CHURCH  OF  SCOTLAND.  121 

The  death  of  the  regent  was  by  all  good  men  greatly- 
lamented,  especially  by  the  commons,  who  loved  him  as  their 
father  whilst  he  lived,  and  now  mourned  grievously  at  his 
death.  The  great  things  he  had  wrought  in  his  life  (having 
in  the  space  of  one  year  and  a  little  more  quieted  the  state, 
which  he  found  broken  and  disordered)  made  his  very 
enemies  speak  of  him  after  his  death  with  praise  and  com- 
mendation. Above  all  his  virtues,  which  were  not  a  few,  he 
shined  in  piety  towards  God,  ordering  himself  and  his  family 
in  such  sort,  as  it  did  more  resemble  a  church  than  a  court. 
For  therein  besides  the  exercise  of  devotion,  which  he  never 
omitted,  there  was  no  wickedness  to  be  seen,  nay,  not  an 
unseemly  or  wanton  word  to  be  heard.  A  man  truly  good, 
and  worthy  to  be  ranked  amongst  the  best  governors  that 
this  kingdom  hath  enjoyed,  and  therefore  to  this  day  honoured 
with  the  title  of  The  Good  Regent. 

There  fell  out  the  next  day  after  his  death  a  thing  which 
I  thought  was  not  to  be  passed.  He  was  killed  on  the  Satur- 
day, and  died  (as  I  have  said)  a  little  before  midnight.  The 
word  of  his  death  coming  to  Edinburgh,  Thomas  Maitland,  a 
younger  brother  of  Lethington  (this  is  he  whom  Buchanan 
makes  his  collocutor  in  the  dialogue  De  Jure  Regni),  knowing 
what  esteem  John  Knox  made  of  the  regent,  and  loving  none 
of  the  two,  caused  a  writing  to  be  laid  in  the  pulpit  where 
John  Knox  was  that  day  to  preach,  to  this  sense,  and  almost 
in  the  same  words ;  "  Take  up  the  man  whom  you  accounted 
another  god,  and  consider  the  end  whereto  his  ambition  hath 
brought  him."  John  Knox  finding  the  paper,  and  taking  it 
to  be  a  memorial  for  recommending  some  sick  persons  in  his 
prayers,  after  he  had  read  the  same,  laid  it  by,  nothing  as  it 
seemed  commoved  therewith  ;  yet  in  the  end  of  the  sermon, 
falling  to  regret  the  loss  that  the  church  and  commonwealth 
had  received  by  the  death  of  the  regent,  and  showing  how 
God  did  often  for  the  sins  of  the  people  take  away  good 
rulers  and  governors,  "  I  perceive,"  said  he,  "  albeit  this  be 
an  accident  we  sliould  all  take  to  heart,  there  be  some  that 
rejoice  in  this  wicked  fact,  making  it  the  subject  of  their 
mirth ;  amongst  whom  there  is  one  that  hath  caused  a  writing 
to  be  cast  in  this  place,  insulting  upon  that  which  is  all  good 
men's  sorrow.  This  wicked  man,  whosoever  he  be,  shall  not 
go  unpunished,  and  shall  die  where  none  shall  be  to  lament 


122  THE  HISTORY  OF  THE  [a.  D.   1569. 

him."  The  gentleman  was  himself  present  at  sermon,  and 
being  come  to  the  lodging,  asked  his  sister,  who  was  also 
there,  if  she  did  not  think  John  Knox  was  raving  to  speak  so 
of  the  man  he  knew  not.  But  she  weeping  said,  "  that  she 
was  sorry  he  had  not  followed  her  counsel ;  for  she  had 
dissuaded  him  from  that  doing.  None  of  this  man's  denun- 
ciations," said  she,  "  are  wont  to  prove  idle,  but  have  their 
own  ejffect."  Shortly  after,  the  troubles  of  the  country  in- 
creasing, the  gentleman  betook  himself  to  travel,  and  passing 
into  Italy  died  there,  having  no  known  person  to  attend  him. 
This  I  thought  not  unworthy  of  record,  being  informed 
thereof  by  the  gentleman's  sister  to  whom  these  speeches 
were  uttered,  and  who  was  privy  to  the  whole  purpose,  for 
an  advertisement  to  all  persons,  not  to  make  a  light  account 
of  the  threatenings  of  God's  servants.  The  gentleman  was  a 
youth  otherwise  of  great  hopes,  learned  and  courteous,  but 
miscarried  with  aiFection,  and  not  to  be  excused  in  this,  that 
he  took  pleasure  in  the  fall  of  him  whom  he  judged  an  enemy; 
a  thing  inhumane,  and  abhorred  of  the  very  heathen. 

The  word  of  the  regent's  death  carried  in  haste  to  Eng- 
land, the  queen  sent  Thomas  Randolph,  master  of  her  posts, 
ambassador  into  Scotland,  partly  to  confer  with  the  council 
upon  the  surest  means  to  keep  affairs  in  the  state  wherein 
they  were,  and  partly  to  complain  of  the  incursion  lately 
made  in  England.  For  the  very  night  after  the  regent's 
murder,  Walter  Scot  of  Buccleuch  and  Thomas  Ker  of  Farni- 
herst  had  invaded  the  country  bordering  upon  them,  and 
practised  greater  hostility  than  was  accustomed,  of  purpose 
to  embroil  the  two  kingdoms  in  a  public  war,  which  they  of 
the  Scottish  queen's  faction  most  earnestly  desired.  The 
ambassador  was  no  sooner  come,  but  he  had  hearing  given 
him  by  the  council ;  to  whom  after  he  had  spoken  a  few 
words  concerning  her  majesty's  good  affection  to  the  realm 
in  general,  and  in  her  name  commending  to  their  care  the 
preservation  of  religion,  the  safety  of  the  young  king,  and 
the  punishment  of  the  late  murder,  he  did  much  aggravate 
the  insolence  of  the  borderers,  and  the  spoil  they  had  made 
in  England,  saying,  "  That  his  mistress  knew  sufficiently 
that  these  things  were  not  done  by  public  allowance,  and 
therefore  meant  not  to  make  quarrel  to  the  country,  but  take 
herself  to  the  actors,  whom  if  they  by  themselves  could  not 


A.  D.  1569.]  CHURCH  OF  SCOTLAND.  123 

suppress,  her  majesty  would  either  join  her  power  to  theirs, 
or,  if  they  thought  meet,  send  an  army  into  Scotland,  which, 
without  doing  harm  to  any  good  subject,  should  only  punish 
the  committers  of  that  insolence." 

The  council  returning  many  thanks  to  the  queen  for  her 
kind  ambassage,  excused  themselves  by  the  present  troubles, 
that  no  determinate  answer  could  as  then  be  given  to  his 
propositions,  and  therefore  besought  him  to  have  patience 
unto  the  first  of  May,  at  which  time  the  Estates  of  the 
realm  were  to  meet,  by  whom  her  majesty  should  receive 
all  satisfaction.  The  Estates  convening  at  the  day,  William 
Douglas  of  Lochleven,  brother  uterine  to  the  late  regent, 
preferred  a  petition  to  the  council  for  some  course  to  be 
taken  in  the  revenge  of  his  brother's  murder,  considering  he 
was  taken  away  in  the  defence  of  the  common  cause  of  the 
realm,  and  not  upon  any  private  quarrel.  The  petition  was 
held  reasonable  by  all  that  were  present,  every  one  consent- 
ing to  the  pursuit  and  punishment  of  the  murderer  and  his 
complices.  But  in  the  manner  they  agreed  not.  Some  ad- 
vising that  not  the  murderer  only,  but  all  who  were  sus- 
pected to  have  had  a  hand  in  the  treachery,  should  be  called 
to  underlie  the  ordinary  trial  of  law  at  a  certain  day. 
Others  esteemmg  such  a  form  of  process  unnecessary  with 
them  who  had  already  taken  arms  to  maintain  the  fact ;  and 
that  the  best  course  were,  to  pursue  with  all  hostility  both 
these  that  were  delated  of  the  recent  crime,  and  such  as  had 
been  forfeited  in  the  parliament  preceding.  Many  inclined 
to  the  last  course,  yet  because  it  was  opposed  by  divers  of 
special  note,  there  was  nothing  concluded  in  the  business ; 
which  was  generally  ill  taken  of  the  people,  who  construed 
the  delay  to  proceed  of  some  private  favour  carried  to  the 
enemies,  and  to  be  done  of  purpose,  that  either  with  time  the 
hatred  of  the  murder  might  be  lessened,  or  the  adversaries 
might  have  leism^e  to  make  themselves  more  strong. 

The  Assembly  of  the  Church  in  the  meanwhile  (which 
was  then  convened  at  Edinburgh),  to  declare  in  what  detes- 
tation they  had  the  murder  committed,  did  ordain  the  mur- 
derer to  be  excommunicated  in  all  the  chief  burghs  of  the 
realm,  and  whosoever  afterwards  happened  to  be  convicted 
thereof  to  be  used  in  the  same  manner.  In  this  Assembly 
divers  constitutions  were  made  for  discipHne,  and  amongst 


124  THE  HISTORY  OF  THE  [a.  D.  1570. 

others  an  act  for  the  public  inauguration  of  ministers  at  their 
entry,  whereunto  the  revolt  of  some  preachers  gave  occasion, 
that,  forsaking  the  pulpit,  took  them  to  the  pleading  of 
causes  before  the  lords  of  Session.  It  was  then  also  con- 
descended, that  forth  of  the  thirds,  five  thousand  marks 
should  be  yearly  paid  for  the  furnishing  of  the  king's  house, 
and  the  Church  burdened  with  no  farther  duty. 

Some  few  days  after,  the  principals  of  the  queen's  faction 
being  convened  at  Glasgow,  the  earl  of  Argyle  and  Lord 
Boyd  did  write  to  the  earl  of  Morton,  and  offer  to  join  with 
the  rest  of  the  nobility  in  the  trial  and  punishment  of  the 
regent's  murder,  so  as  the  meeting  were  appointed  at  Stir- 
ling, Falkirk,  or  Linlithgow,  for  to  Edinburgh  they  would 
not  come.  This  letter  (as  he  was  desired)  he  communicated 
with  the  secretary,  who  was  after  the  regent's  death  come 
forth  of  the  castle,  and  by  the  earl  of  Athole  brought  again 
unto  the  council,  having  first  purged  himself  of  the  accusa- 
tion laid  against  him,  and  promised  to  submit  himself  unto  the 
most  severe  trial  that  could  be  taken.  His  advice  to  the 
earl  of  Morton  was,  that  the  noblemen  should  all  be  brought 
to  Edinburgh,  which  for  those  of  the  queen's  party  he  un- 
dertook to  do,  and  to  that  effect  he  sent  letters  unto  the 
principals  of  that  faction,  showing  that  they  had  no  cause  to 
fear,  being  in  forces  superior  to  the  others,  and  having  the 
lord  of  Grange  on  their  side  (for  he  had  then  plainly  de- 
clared himself  for  the  queen),  who  was  both  provost  of  the 
town  and  commanded  the  castle.  Thus,  about  the  midst  of 
March,  the  earls  of  Huntly,  Athole,  and  Crawford,  with  the 
Lords  Ogilvy,  Home,  and  Seaton,  did  meet  at  Edinburgh. 
The  earl  of  Argyle,  the  Hamiltons,  and  the  Lord  Boyd 
came  as  far  as  unto  Linlithgow  ;  but  by  occasion  of  a  tumult 
raised  amongst  some  soldiers,  they  were  forced  to  disperse 
their  companies,  and  return  home  to  their  dwellings.  Within 
a  few  days  the  earls  of  Mar  and  Glencarne  came  likewise  to 
Edinburgh ;  after  whose  coming  the  lords  of  both  factions 
meeting  to  confer,  did  think  fit  to  continue  all  things  till  the 
earl  of  Argyle  was  advertised,  whose  authority  was  great  in 
those  times.  And  when  it  was  known  that  he  was  gone 
back  from  Linlithgow,  the  earl  of  Huntly  followed  to  per- 
suade his  return ;  but  he  would  not  consent.  They  write 
the  secretary  should  have  privily  dissuaded  him,  as  one  who 


A.  D.   1570.]  CHURCH  OF  SCOTLAND.  125 

loved  to  keep  all  things  loose  ;  but  I  do  not  see  what  advan- 
tage he  could  expect  that  way,  and  think  rather  that,  as  his 
estate  then  stood,  he  did  earnestly  desire  to  have  matters 
accorded.  The  true  cause  of  Argyle's  declining  that  confer- 
ence seems  to  have  been  the  averseness  of  his  brother  and 
others  of  his  friendship,  who  refused  to  follow  him  in  that 
quarrel,  and  carried  a  constant  affection  to  the  maintaining 
of  the  king's  authority. 

Whenas  the  other  noblemen  perceived  that  Argyle  would 
not  come,  they  began  to  treat  of  the  choice  of  a  regent  in 
place  of  him  who  was  taken  away.  Here  first  they  fell  to 
question  their  own  power  and  authority,  which  some  main- 
tained to  be  sufficient,  because  of  the  patent  the  queen  had 
given  at  first  for  the  administration  of  affairs  in  her  son's 
minority,  in  which  seven  noblemen  were  named,  besides  the 
late  regent,  and  that  of  this  number  they  might  choose,  as  they 
said,  any  one.  Others  reasoned  that  no  respect  ought  to  be 
had  to  that  patent,  the  same  being  expired  by  the  creation  of 
the  last  regent,  for  which  only  at  the  time  it  was  granted. 
The  more  moderate  gave  their  opinion,  that  all  proceeding 
in  that  business  should  be  delayed  till  the  convention  of  the 
Estates  in  May  next.  This  was  likewise  opposed  by  a  num- 
ber that  esteemed  the  protracting  of  time  dangerous,  and 
thought  that  it  concerned  the  noblemen  who  had  first  assisted 
the  coronation  of  the  king,  and  continued  firm  in  his  obedience, 
to  nominate  a  regent  that  would  be  careful  of  the  young  king 
his  preservation,  and  of  the  quiet  and  tranquillity  of  the  realm. 
But  this  opinion,  as  tending  to  the  fostering  of  discord,  was 
rejected.  So  that  meeting  dissolved  without  any  certain 
conclusion. 

At  the  same  time  one  Monsieur  Verac,  cubicular  to  the 
French  king,  landed  at  Dumbarton,  bringing  letters  to  the 
noblemen  of  the  queen's  faction,  full  of  thanks  for  the  constant 
affection  they  had  showed  in  maintaining  her  cause,  and  pro- 
mises of  present  succours.  This  did  so  animate  them,  as  in 
a  frequent  meeting,  kept  the  first  of  April  at  Linlithgow, 
they  began  to  discover  the  intention,  which  before  they  had 
concealed,  of  making  war  upon  England;  for  this,  as  they 
judged,  would  serve  to  obliterate  the  late  regent's  murder. 
And  to  give  the  more  authority  to  their  proceedings,  they 
took  purpose  to  remove  to  Edinburgh,  using  all  means  to 


126  THE  HISTORY  OF  THE  [a.  D.  1570. 

draw  the  town  to  be  of  their  party,  which  they  thought 
would  be  easily  obtained  by  reason  of  Grange  his  command- 
ment ;  and  if  they  should  once  compass  this,  they  put  no 
doubt  to  draw  the  rest  of  the  country  their  way  in  a  short 
time.  But  first  they  resolved  to  advertise  the  town  of  their 
coming,  and  to  entreat  their  favour.  The  magistrates  an- 
swered, that  their  gates  should  be  patent  to  all  that  professed 
themselves  subjects  to  the  king  ;  but  they  would  neither  re- 
ceive the  English  rebels  (meaning  the  earl  of  Westmoreland 
and  Lord  Dacres,  who  were  in  company  with  the  lords),  nor 
the  Hamiltons  and  others  suspected  of  the  regent's  murder, 
nor  yet  permit  any  proclamations  to  be  made  derogatory  to 
the  king's  authority. 

These  conditions  seemed  to  them  hard,  yet,  hoping  by 
conversation  to  win  the  people  to  their  side,  they  came  for- 
ward. The  next  day  after  their  coming  to  the  town,  they 
gave  out  a  proclamation,  "  Declaring  their  good  affection  to- 
wards the  maintenance  of  true  rehgion,  their  sovereign,  the 
liberty  of  the  country,  and  the  setthng  of  the  present  divi- 
sions, which  must,  as  they  said,  unless  timeous  remedy  were 
provided,  bring  the  realm  to  utter  destruction.  They  desir- 
ed therefore  all  men  to  know,  that  they  had  esteemed  the 
enterprise  taken  by  some  noblemen  against  the  earl  of  Both- 
well,  for  revenging  the  murder  of  the  king  and  setting  of  the 
queen  at  liberty,  both  good  and  honourable,  whereunto  they 
would  have  given  their  assistance  if  the  same  had  been  duly 
required.  And  for  the  things  that  had  intervened,  which 
they  did  forbear  to  mention  lest  they  should  irritate  the 
minds  of  any,  their  desire  was  the  same  might  be  in  a  familiar 
and  friendly  conference  calmly  debated,  and  a  peaceable 
course  taken  for  removing  the  differences.  Meanwhile,  be- 
cause they  understood  that  some  unquiet  spirits  gave  out, 
that  their  present  convening  was  for  the  subversion  of  the 
rehgion  presently  professed, — as  they  could  not  but  give 
notice  to  all  the  subjects,  that  they  who  were  now  assembled 
were  for  the  most  part  the  first  and  chiefest  instruments  in 
advancing  religion,  and  had  still  continued  in  professing  the 
same,  with  a  resolution  to  spend  their  lands  and  lives  in 
maintenance  thereof, — so  they  desired  to  have  it  known, 
that  their  meeting  at  that  time  did  only  proceed  from  a  de- 
sire they  had  to  see  a  perfect  union  and  agreement  estabhshed 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  127 

in  the  realm,  for  which  they  were  ready  to  meet  with  those 
of  the  nobiUty  that  differed  from  them  in  judgment,  and  con- 
descend (after  the  ground  of  the  differences  was  ript  up) 
upon  such  overtures  as  should  be  found  agreeable  to  the 
setting  forth  of  God  his  honour,  the  strengthening  of  the 
royal  succession,  the  preservation  of  the  young  prince,  the 
entertaining  of  peace  with  foreign  nations,  and  the  settling  of 
concord,  amongst  the  noblemen  and  other  subjects.  Tliis  they 
declared  to  be  their  sole  intention ;  and  rather  than  the  same 
should  not  take  the  wished  effect,  they  were  content  to  yield 
unto  any  conditions  that  should  bo  thought  reasonable ;  under 
protestation,  that  if  this  their  godly  and  honest  purpose  for 
the  re-union  of  the  state  was  neglected  and  despised,  the  in- 
convenients  that  ensued  might  be  imputed  to  the  refusers, 
and  the  noblemen  presently  convened  be  discharged  thereof 
before  God  and  man."  This  was  the  substance  of  the  pro- 
clamation, in  the  end  whereof  the  lieges  were  charged  to 
concur  with  them  in  forthsetting  that  godly  purpose,  and  a 
proliibition  made,  under  great  pains,  to  join  with  any  others 
that  should  attempt,  under  the  cloak  of  whatsoever  authority, 
to  hinder  the  same. 

But  neither  did  this  declaration,  nor  the  great  travail  taken 
by  the  earl  of  Athole  at  the  same  time,  prevail  with  the 
other  noblemen  to  bring  them  to  this  meeting,  for  still  thev 
excused  themselves  by  the  Convention  appointed  in  May, 
"  wliich,"  they  said,  "  there  was  no  necessity  to  prevent ;  or 
if  any  extraordinary  occasion  did  require  it,  the  same  being 
signified  to  the  earl  of  Morton,  who  lay  at  Dalkeith,  upon 
his  advertisement  they  should  be  ready  to  meet."  So  finding 
their  hopes  this  Avay  disappointed,  by  advice  of  the  secretary 
(whose  directions  only  they  followed)  they  took  purpose  to 
deal  with  the  earl  of  Morton  apart.  To  this  effect  the  earl 
of  Athole,  the  prior  of  Coldingham,  brother  to  the  secretary, 
and  the  Lord  Boyd,  were  selected  to  confer  with  the  earl  of 
Morton  and  abbot  of  Dunfermline ;  but  they  could  come  to 
no  agreement.  For  the  earl  of  Morton  (of  whom  they  had 
conceived  some  hope)  would  not  hearken  to  any  conditions, 
except  they  did  acknowledge  the  king  for  their  sovereign. 
Hereupon  they  fell  to  other  counsels :  and  first,  seeking  to 
have  the  town  of  Edinburgh  at  their  direction,  they  craved 
the  keys  of  the  gates  to  be  dehvered ;  which  being  refused, 


128  THE  HISTORY   OF  THE  [a.  D.  1570. 

they  resolved  to  contribute  moneys  for  hiring  of  soldiers,  and 
to  draw  so  many  of  their  friends  and  followers  thither  as, 
with  help  of  the  castle,  might  command  the  town.  But  as 
they  were  about  these  devices,  advertisement  was  brought  of 
an  army  come  to  Berwick  under  the  command  of  the  earl  of 
Sussex,  Avhich  troubled  all  these  projects.  To  remain  in 
Edinburgh  they  held  it  not  safe  ;  yet  lest  it  should  be  thought 
that  they  left  the  town  upon  fear,  the  magistrates  were 
privately  desired  to  entreat  them  to  depart,  lest  the  English 
should  fall  upon  the  town  and  make  a  spoil  of  it.  So  making 
a  show  to  please  the  town,  by  whom  they  had  been  very 
courteously  used,  they  went  to  Linlithgow,  and  abode  there 
the  rest  of  that  month.  Before  their  parting,  they  gave  a 
warrant  to  the  laird  of  Grange  for  fortifying  the  castle,  and 
dimitting  the  Lords  Home  and  Herries,  who  had  been  com- 
mitted by  the  late  regent.  The  duke  of  Chatelherault  was 
some  days  before  put  to  liberty.  The  Lord  Home  had  a 
part  of  the  moneys  which  were  contributed  for  levying  of 
soldiers  given  him  to  defend  his  bounds  against  the  English; 
but  when  the  lairds  of  Buccleuch  and  Farniherst  desired  the 
like,  they  were  refused,  and  went  away  in  great  discontent. 
About  the  end  of  April,  the  army  of  England  entering  into 
Teviotdale,  burnt  the  towns  of  Hawick  and  Crawling,  with 
the  castles  of  Farniherst  and  Branxholm,  and  divers  other 
houses  belonging  to  the  Kers  and  Scots ;  and  in  their  return 
to  Berwick,  besieged  the  castle  of  Home,  which  was  render- 
ed by  the  keepers  to  Sir  William  Drury,  at  the  Lord  Home 
his  direction,  for  he  reposed  much  in  his  friendship.  The 
Lord  Scroopo,  at  the  same  time  invading  the  west  borders, 
made  a  great  spoil  upon  the  Johnstons  and  others  who  had 
accompanied  Buccleuch  in  his  incursion.  The  lords  that  kept 
together  at  Linlithgow  having  advertisement  of  these  pro- 
ceedings of  the  Enghsh,  and  suspecting  they  had  some  other 
intentions  than  the  spoiHng  of  the  borders,  sent  a  gentleman 
to  the  earl  of  Sussex  to  request  a  truce,  till  they  might  in- 
form the  queen  of  England  of  the  estate  of  things,  and  re- 
ceive her  majesty's  answer.  The  earl  opening  the  letters 
that  were  directed  to  the  queen  (for  he  had  warrant  so  to  do), 
and  seeing  them  to  be  full  of  vain  and  idle  brags  (for,  to  show 
the  strength  of  the  faction,  they  had  set  down  a  roll  of  all 
the  noblemen  of  their  party,  inserting  therein  both  some  of 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  129 

their  opposites,  and  some  that  had  carried  themselves  neuters 
in  all  these  broils),  returned  answer  by  the  messenger,  that 
he  would  do  as  he  was  directed,  and  not  grant  any  truce  nor 
keep  the  army  at  their  pleasure  without  employment. 

The  time  of  the  Convention  approaching,  they  who  favoured 
the  king  his  authority  came  in  great  numbers  to  Edinburgh. 
At  their  first  meeting  it  was  thought  convenient,  seeing  the 
adverse  party  professed  a  desire  of  peace,  to  make  trial  of 
their  disposition  ;  and  thereupon  a  gentleman  was  sent  with 
this  message,  "  That  if  they  would  join  for  revenge  of  the 
murder  of  the  king's  father,  and  regent,  and  would  acknow- 
ledge the  king  for  their  sovereign,  whatsoever  else  in  reason 
they  could  crave  should  be  granted  unto  them."  The  answer 
was  short  and  peremptory  on  their  part ;  "  That  they  would 
acknowledge  none  for  their  sovereign  but  the  queen,  and 
that  she  having  committed  the  government  of  affairs  to  the 
earls  of  Arran,  Argyle,  and  Huntly,  they  would  follow  and 
obey  them  in  her  service."  Then  they  caused  proclaim  the 
queen's  authority,  with  the  several  commissions  of  their 
heutenandries,  and  in  the  queen's  name  indicted  a  parlia- 
ment to  be  kept  at  Linlithgow  in  August  ensuing. 

The  Estates,  perceiving  there  would  be  no  agreement, 
gave  forth  a  proclamation  to  this  effect ;  First,  they  said, 
that  it  was  not  unknown  to  all  the  subjects  in  what  a  happy 
case  the  realm  stood  under  the  government  of  the  late  regent, 
and  what  calamities  it  was  fallen  into  by  his  death,  divers 
lords,  and  other  subjects  conspiring  with  them,  having  pre- 
sumed to  erect  another  authority,  under  the  name  of  the 
queen  his  majesty's  mother.  But  as  such  treasonable  at- 
tempts had  been  often  taken  in  hand,  and  as  often  through 
God's  favour  disappointed,  to  the  shame  and  ignominy  of  the 
enterprisers,  so  they  wished  all  men  should  understand 
what  sort  of  people  they  were  that  had  massed  themselves 
together  in  the  present  conspiracy. 

The  conspirators  they  ranked  in  three  orders.  The 
principals,  they  said,  were  the  authors  of  the  cruel  murders 
of  the  king  his  father  and  regent ;  others  were  manifestly 
perjured,  as  having  bound  themselves  by  their  oaths  and 
subscriptions  to  defend  the  king  his  authority,  which  now 
they  impugned ;  a  third  sort  were  such  as  had  servile  minds, 
and  without  regard  to  conscience  or  honour  did  follow  those 

VOL.  II.  9 


130  THE  HISTORY  OF  THE  [a.  D.  1570. 

to  whom  they  had  addicted  themselves  :  all  which  did 
pretend  the  maintenance  of  true  rehgion,  the  liberty  of  the 
country,  and  the  preservation  of  peace  both  abroad  and  at 
home :  but  with  what  probability,  any  man  of  judgment 
might  consider ;  for  neither  could  he  who  was  known  to  have 
been  a  persecutor  of  the  truth,  and  now  carried  the  chief 
sway  amongst  them,  (meaning  the  archbishop  of  St  Andrews,) 
be  thought  a  maintainor  of  religion ;  nor  could  they  be 
esteemed  favourers  of  their  country  and  the  quietness  thereof, 
who  without  any  just  provocation  had  invaded  the  neighbour 
realm  of  England,  and  publicly  entertained  the  queen's 
rebels,  professed  enemies  to  God  and  religion.  As  to  the 
care  they  professed  of  the  king's  preservation,  any  man 
might  conjecture  how  he  should  be  preserved  by  them  who 
exiled  his  grandfather,  murdered  his  father,  did  wickedly 
counsel  his  mother,  led  her  on  courses  that  had  brought  her 
to  shame  and  dishonour,  and  now  at  last  had  unworthily 
cut  off  his  uncle  and  regent,  by  suborning  a  meschant  to  kill 
him  treacherously.  Is  it  like,  said  they,  that  they  will  be 
content  to  live  subjects  to  a  king  descended  of  that  house 
which  they  have  so  long  a  time  persecuted ;  and  will  they  not 
fear,  if  God  shall  bring  him  to  perfection  of  years,  that  he 
will  be  avenged  of  his  father's  and  imcle's  murder  ?  Neither 
can  any  be  ignorant  what  the  hope  of  a  kingdom  will  work 
in  ambitious  spirits,  especially  when  they  find  themselves  in 
a  possibihty  to  succeed  unto  the  present  possession.  And 
these  are  the  men,  said  they,  who  seek  to  rule  and  command 
under  the  name  of  her  whom  they  have  undone  by  their 
wicked  practices.  Of  this  they  thought  fit  to  advertise  the 
subjects,  and  to  inhibit  them  from  giving  any  assistance  to 
the  said  conspirators  under  pain  of  death.  Such  as  of  sim- 
plicity or  ignorance  had  joined  with  them  they  commanded 
to  separate  and  return  to  their  houses  within  the  space  of 
twenty-four  hours,  promising  in  that  case  impunity  and 
pardon  for  their  by -past  defection  ;  those  only  excepted 
who  were  suspect  of  the  foresaid  murders,  and  had  reset 
the  queen  of  England's  rebels,  and  violated  the  public  peace 
betwixt  the  two  realms. 

This  proclamation  was  indited  with  much  passion,  and 
matters  now  reduced  to  these  terms,  that  each  side  prepared 
to  maintain  their  quarrel  with  the  destruction  of  their  adver- 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  131 

saries.  The  queen's  faction  despatched  Verac  to  France, 
to  inform  how  matters  went,  and  to  farther  the  supply 
promised. 

The  Lord  Seaton  was  sent  to  Flanders,  to  entreat  the 
duke  of  Alva  (at  that  time  governor  of  the  Netherlands  for 
the  king  of  Spain)  for  some  aid  of  moneys  and  men,  and  to 
impede  the  traffic  of  the  Scottish  rebels  (so  they  termed  them 
that  acknowledged  the  king's  authority)  in  those  parts.  For 
the  point  of  traffic  the  duke  excused  himself,  saying,  "  That 
he  could  not  inhibit  the  same,  it  being  against  the  liberty 
of  the  Low  Countries ;  but  in  other  things  he  would  do  his 
best  to  farther  the  queen  of  Scots'  cause." 

Like  as  shortly  after  he  sent  Mr  John  Hamilton,  parson 
of  Dunbar,  (who  lay  agent  with  him  for  the  Scottish  queen,) 
to  the  earl  of  Huntly  with  great  store  of  armour  and  gun- 
powder, and  the  sum  of  ten  thousand  crowns  to  levy 
soldiers.  The  Lord  Seaton  in  the  mean  while,  who  could 
not  be  idle  wheresoever  he  was,  and  had  a  great  desire  to 
approve  himself  by  some  service  to  the  king  of  Spain,  dis- 
sembling his  habit,  went  into  the  United  Provinces,  and  dealt 
with  Scottish  captains  and  under-officers  to  make  them  leave 
the  service  of  the  Estates,  and  follow  the  king  of  Spain ; 
which  being  detected,  he  was  apprehended,  and  by  sentence 
of  the  council  of  war  condemned  to  ride  the  cannon  ;  yet  by 
some  help  he  escaped,  and  fled  to  the  duke  of  Alva,  who  sent 
him  home  loaden  with  promises,  and  rewarded  with  some 
httle  present  for  himself,  because  of  his  good  affection. 

The  lords  on  the  other  side  who  stood  for  the  king's 
authority  sent  to  the  earl  of  Sussex,  entreating  the  assistance 
of  his  forces,  or  some  part  thereof,  because  of  the  common 
danger  :  and  to  move  him  the  more,  they  advertised  that 
the  earl  of  Westmoreland  and  other  English  rebels  were  with 
the  lords  convened  at  Linlithgow  in  arms,  of  intention,  as  it 
seemed,  to  work  some  mischief,  which  had  need  for  the  good  of 
both  realms  to  be  quickly  prevented,  which  they  doubted  not 
(so  the  letters  bear)  having  his  assistance  to  do,  and  to  put 
them  off  the  fields ;  whereas  if  supply  were  not  sent  in  time, 
and  that  matters  should  happen  to  be  put  to  a  day  amongst 
themselves,  the  issue  might  prove  dangerous.  Answer  was 
made,  "  That  the  forces  should  be  sent  upon  sufficient 
hostages  for  their  surety  during  their  remaining  in  Scotland." 


132  THE  HISTORY  OF  THE  [a.  D.  1570. 

Withal  he  craved.  "  That  the  EngUsh  rebels  whom  the  lords 
had  in  their  hands,  and  such  others  as  should  happen  to  be 
apprehended,  might  be  delivered  to  him,  as  the  queen's  lieu- 
tenant, and  left  to  her  majesty's  disposition."  For  the 
hostages,  it  was  condescended  that  the  chief  noblemen  should 
deliver  some  of  their  friends  to  remain  in  England  during 
the  abode  of  the  English  forces,  and  their  safe  return  assured, 
the  chance  and  fortune  of  war  only  excepted,  which  should 
be  common  and  alike  both  to  the  Scots  and  them.  But 
touching  the  delivery  of  the  English  rebels,  the  lords  en- 
treated that  the  same  might  be  continued  unto  the  return  of 
her  majesty's  answer  to  the  instructions  sent  by  the  abbot 
of  Dunfermline,  who  was  upon  his  journey,  and  had  warrant 
from  them  to  satisfy  her  majesty  in  that  point.  To  this  the 
earl  consented,  providing  the  noblemen  would  give  their 
bonds  for  the  safe  custody  of  the  rebels,  and  the  performance 
of  that  which  her  majesty  and  the  ambassador  should  agree 
unto. 

The  laird  of  Grange  and  Secretary  Lethington,  who  as 
yet  made  a  show  to  desire  peace,  laboured  by  their  letters 
to  keep  back  the  English  forces,  offering  what  satisfaction 
the  earl  of  Sussex,  in  name  of  her  majesty,  would  require. 
The  earl  answered,  "  That  if  the  lords  at  Linlithgow  would 
disannul  the  proclamation  of  the  queen  of  Scots'  authority, 
and  discharge  all  capitulations  for  aid  out  of  France  and 
all  other  parts  beyond  the  sea,  remitting  the  present  dis- 
sension to  the  hearing  and  ordering  of  the  queen  his  mistress, 
and  obliging  themselves  by  their  subscriptions  to  stand  at  her 
majesty's  determination,  he  should  stay  his  forces  and  detain 
them  with  himself,  till  he  received  new  direction  from  her 
majesty." 

Though  these  answers  did  in  no  sort  please  them,  yet  to 
gain  some  time  they  gave  hopes  that,  after  conference  with 
the  lords  at  Linlithgow,  he  should  receive  all  satisfaction. 
But  he  smeUing  their  intentions,  after  he  had  received  the 
bonds  and  pledges  from  the  noblemen  of  the  king's  party, 
sent  Sir  Wilham  Drury,  governor  of  Berwick,  with  a 
thousand  foot  and  three  hundred  horsemen  into  Scotland. 
How  soon  the  lords  that  were  convened  at  Linhthgow  heard 
of  their  coming,  and  that  the  earl  of  Lennox  was  in  their  com- 
pany, they  departed  towards  Glasgow,  and  besieged  the 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  133 

castle,  purposing  to  raze  it,  lest  it  should  be  useful  to  the 
earl  of  Lennox,  who  was  now  returned  from  England.  But 
the  house  was  so  well  defended  by  a  few  young  men  (they 
passed  not  twenty-four  in  all),  that  the  siege,  after  it  had 
continued  the  space  of  five  or  six  days,  broke  up  upon  the 
rumour  of  the  noblemen  and  the  English  forces  their  ap- 
proaching. The  duke  of  Chatelherault  went  with  the  earl  of 
Argyle  into  his  country,  the  earl  of  Huntly  and  the  rest  into 
the  north. 

The  noblemen  assisted  with  the  English  forces  coming  to 
Glasgow,  after  a  short  stay  marched  to  Hamilton,  and  laid 
siege  to  the  castle,  which,  at  the  sight  of  the  ordnance  that 
was  brought  thither  for  the  battery,  was  yielded  to  the  Eng- 
lish by  Andrew  Hamilton  of  Meryton,  captain,  upon  promise 
to  have  their  lives  spared.  The  castle  was  set  on  fire  and 
pitifully  defaced,  as  also  the  duke's  palace  within  the  town  of 
Hamilton,  and  divers  other  houses  in  Clydesdale.  In  their 
return  to  Edinburgh  they  destroyed  the  houses  and  lands 
pertaining  to  the  Lords  Fleming  and  Livingstone,  with  the 
duke's  lodging  in  the  town  of  LinUthgow,  the  houses  of  Kin- 
neill,  Pardovy,  Peiil  of  Livingstone,  and  others  that  apper- 
tained to  the  Hamiltons  in  that  shire.  This  done,  the  Eng- 
lish forces  returned  to  Berwick,  and  were  accompanied  thither 
by  the  earl  of  Morton,  who  received  again  the  hostages  that 
were  delivered  in  England. 

Whilst  these  things  were  a-doing  at  home,  the  abbot  of 
Dunfermline  was  following  his  legation  in  England.  His  in- 
structions from  the  noblemen  of  the  king's  party  were,  "  First, 
To  show  the  queen,  that  by  the  delay  of  her  majesty's 
declaration  in  the  cause  of  the  king's  mother  all  these  com- 
motions had  been  raised,  and  therefore  to  entreat  her  majesty 
plainly  to  declare  herself,  and  take  upon  her  the  protection  of 
the  young  king.  Secondly,  To  inform  her  of  the  difliculties 
they  had  in  electing  of  a  regent,  and  crave  her  opinion  there- 
in. Thirdly,  To  show  what  a  necessity  there  was  of  enter- 
taining some  forces  of  foot  and  horse,  till  the  present  troubles 
were  pacified ;  and  in  regard  of  the  public  burdens,  to  re- 
quest her  for  moneys  to  maintain  300  horse,  and  seven 
hundred  foot,  which  was  esteemed  sufficient  for  repressing 
the  adversary's  power.  Lastly,  Concerning  the  rebels  of 
England  who  were  in  hands,  to  give  her  majesty  assurance 


134  THE  HISTORY  OF  THE  [a.  D.  1570. 

that  they  should  be  safely  kept,  and  to  beseech  her  highness, 
if  she  would  have  them  dehvered,  that  some  respect  might  be 
had  to  their  credit,  and  mercy  showed  so  far  as  could  stand 
with  her  majesty's  safety  and  the  quiet  of  the  realm.  For 
the  other  rebels  that  were  as  yet  in  the  country,  he  was  de- 
sired to  promise  in  their  name  all  diligence  for  their  appre- 
hension ;  and  if  it  should  happen  them  to  be  taken,  that  they 
should  be  committed  in  sure  custody  till  her  majesty's  pleasure 
was  known." 

These  things  proponed  to  the  queen,  she  answered ;  "  That 
having  heard  nothing  from  the  lords  since  the  late  regent's 
death,  and  being  daily  importuned  by  foreign  ambassadors, 
she  had  yielded  to  a  new  hearing  of  the  controversies  betwixt 
them  and  their  queen,  and  that  she  intended  to  have  a  meet- 
ing of  the  commissioners  of  both  parties  ere  it  was  long ; 
therefore  desired  them  to  cease  from  using  farther  hostihty, 
and  not  to  precipitate  the  election  of  a  regent,  the  delay 
whereof  would  work  them  no  prejudice." 

This  answer  reported  to  the  lords  did  trouble  them  ex 
ceedingly :  for  on  the  one  part,  they  saw  a  necessity  of  accom-^ 
modating  themselves  and  their  proceedings  to  the  queen  oj 
England's  pleasure ;  and,  on  the  other,  they  did  find  a  greal 
hurt  by  the  want  of  a  regent,  the  adverse  faction  havinj 
thereby  taken  occasion  to  erect  another  authority,  and  divers 
of  their  own  partakers  falling  back  from  their  wonted  for- 
wardness, as  not  knowing  on  whom  they  should  depend. 
After  long  consultation  this  expedient  was  taken ;  that  a 
lieutenant  should  be  appointed,  for  a  certain  time,  with  full 
authority  to  administrate  all  affairs,  and  notice  sent  to  the 
queen  of  England  of  the  necessity  they  stood  in  of  a  regent, 
and  that  there  was  no  other  way  to  keep  the  subjects  in 
obedience.  Choice  accordingly  was  made  of  the  earl  of 
Lennox,  grandfather  to  the  king,  and  a  commission  of  lieu- 
tenandry  given  him  to  endure  to  the  eleventh  of  July  next ; 
at  which  time  the  Estates  were  warned  to  meet  for  the 
election  of  a  regent.  Letters  were  also  directed  to  the 
queen  of  England,  requesting  her  advice  in  the  choice, 
and  an  answer  to  the  other  petitions  moved  by  the  abbot  of 
Dunfermline. 

The  queen,  who  was  put  in  hope  that  Westmoreland  and 
the  other  rebels  of  England,  entertained  by  the  queen  of 


J  ' 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  135 

Scots'  faction,  should  be  delivered  unto  her,  had  showed  her- 
self very  favourable  unto  them,  but  hearing  that  they  were 
escaped,  she  made  answer  as  follows :  "  That  she  did  kindly 
accept  the  good  will  of  the  noblemen,  testified  by  their  seek- 
ing her  advice  in  the  choice  of  a  regent,  being  a  matter  of 
such  importance,  and  so  nearly  touching  the  estate  of  their 
king  and  realm.  That  her  mind  once  was,  they  should  do 
best  to  continue  the  election  for  a  time ;  but  now  considering 
the  disordei's  that  were  raised,  and  possibly  thereafter  might 
arise,  if  some  person  was  not  placed  in  that  charge,  she  did 
allow  their  resolution.  And  seeing  the  abilities  of  men  for 
that  place  were  best  known  to  themselves,  she  should  be 
satisfied  with  their  choice  whatsoever  it  was.  Howbeit,  out 
of  the  care  she  had  of  the  young  king,  she  would  not  dis- 
semble her  opinion,  which  was,  that  the  earl  of  Lennox  her 
cousin,  whom,  as  she  was  informed,  they  had  made  lieutenant 
of  the  realm,  would  be  more  careful  of  his  safety  than  any 
other.  But  in  any  case  desired  them,  not  to  think  that  in  so 
doing  she  did  prescribe  them  any  choice,  but  left  it  free  to 
themselves  to  do  what  was  fittest.  Farther,  she  desired  them 
to  rest  assured,  notwithstanding  of  the  reports  dispersed  by 
their  adversaries,  that  she  had  neither  yielded  nor  would 
yield  to  the  alteration  of  the  state  of  their  king  and  govern- 
ment, unless  she  did  see  a  more  just  and  clear  reason  than 
had  yet  appeared.  For  howbeit  she  condescended  to  hear 
what  the  queen  of  Scots  would  say,  and  ofl'er,  as  well  for  her 
own  assurance  as  for  the  good  of  that  realm,  (a  thing  which  in 
honour  she  could  not  refuse,)  yet  not  knowing  what  the  same 
would  be,  she  meant  not  to  break  the  order  of  law  and  jus- 
tice, either  to  the  advancing  or  prejudging  of  her  cause. 
Therefore  finding  the  realm  governed  by  a  king,  and  him 
invested  by  coronation  and  other  solemnities  requisite,  as  also 
generally  received  by  the  three  Estates,  she  minded  not  to 
do  any  act  that  might  breed  an  alteration  in  the  estate,  or 
make  a  confusion  of  governments  ;  but  as  she  had  found  it, 
so  to  sufifer  the  same  to  continue,  and  not  permit  any  change 
therein  so  far  as  she  might  impede  the  same,  except  by  some 
evident  reason  she  should  be  induced  to  alter  her  opinion. 
In  end,  she  desired  them  to  beware,  that  neither  by  miscon- 
ceiving her  good  meaning  towards  them,  nor  by  the  insolent 
brags  of  their  adversaries,  they  should  take  any  course  that 


136  THE  HISTORY  OF  THE  [a.  D.  1570. 

might  hinder  or  weaken  their  cause,  and  make  her  intentions 
for  their  good  ineffectual." 

This  letter  communicated  to  the  Estates  convened  at  Edin- 
burgh the  twelfth  of  July,  and  a  long  discourse  made  to  the 
same  effect  by  Mr  Thomas  Randolph  her  ambassador,  they 
were  exceedingly  joyed.  So  following  the  advice  given 
them,  they  made  choice  of  Matthew,  earl  of  Lennox,  declar- 
ing him  regent  and  governor  of  the  realm  unto  the  king's 
majority,  or  till  he  were  able  by  himself  to  administrate  the 
public  affairs.  This  was  done  with  the  great  applause  of  all 
that  were  present,  and  pubUshed  the  next  day  at  the  Cross  of 
Edinburgh. 

In  an  Assembly  of  the  Church  kept  the  same  month,  there 
was  some  business  moved  by  Mr  James  Carmichael,  then 
master  of  the  grammar-school  of  St  Andrews,  against  Mr 
Robert  Hamilton,  minister  of  the  city,  for  some  points  of 
doctrine  delivered  by  the  said  Mr  Robert  in  pulpit.  The 
points  are  not  particularly  expressed,  but  in  the  sixth  session 
of  that  Assembly,  Mr  James  Macgill,  clerk  of  the  register. 
Sir  John  Bellenden  of  Auchnoule,  justice-clerk,  and  Mr 
Archibald  Douglas,  one  of  the  senators  of  the  College  of 
Justice,  were  directed  from  the  chancellor  and  council  to  re- 
quire them  "  to  forbear  all  decision  in  that  matter,  seeing  it 
concerned  the  king's  authority,  and  contained  some  heads 
tending  to  treason  (so  is  it  there  said)  which  ought  to  be  tried 
by  the  nobility  and  council,  willing  them  not  the  less  to  pro- 
ceed in  such  things  as  did  appertain  to  their  own  jurisdiction ; 
which  was  judged  reasonable,  and  agreed  unto  by  the  Church. 
So  far  were  they  in  those  times  from  declining  the  king  and 
council  in  doctrines  favouring  of  treason  and  sedition,  as  they 
did  esteem  them  competent  judges  thereof.  In  the  same 
Assembly,  commission  was  given  to  Mr  David  Lindsay  and 
Mr  Andrew  Hay  to  travail  with  the  duke  of  Chatelherault, 
the  earls  of  Argyle,  Eghnton,  and  Cassils,  the  Lord  Boyd, 
and  other  barons  and  gentlemen  in  the  west  parts,  for  re- 
ducing them  to  the  obedience  of  the  king  and  his  authority. 
The  like  commission  was  given  to  the  laird  of  Dun  for  the 
earl  of  Crawford,  the  Lord  Ogilvy,  and  their  assisters  in 
Angus ;  and  certification  ordained  to  be  made  unto  them, 
that  if  they  did  not  return  to  the  king's  obedience,  the  spir- 
itual sword  of  excommunication  should  be  drawn  against 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  137 

them ;  which  I  cannot  think  was  really  intended,  considering 
the  quality  and  number  of  the  persons. 

The  regent  immediately  upon  his  creation,  and  oath  taken 
according  to  the  custom,  for  maintaining  true  religion,  and 
observing  the  laws  and  liberties  of  the  realm,  prepared  to 
keep  the  diet  appointed  at  Linlithgow  by  the  lords  of  the 
queen's  party,  who  were  said  to  be  gathering  forces  for 
holding  the  parliament  they  had  indicted.  And  because 
much  depended  upon  the  success  of  that  business,  he  sent  to 
the  earl  of  Sussex  for  assistance  of  his  forces,  and  to  the 
laird  of  Grange  (with  whom  he  kept  some  correspondence) 
for  some  field-pieces,  and  other  things  belonging  to  their  fur- 
niture. Grange  at  first  made  fair  promises,  but  shifting 
those  who  were  sent  to  receive  the  munition,  said,  "  That  his 
service  should  not  be  wanting  to  the  making  of  concord,  but 
he  would  not  be  accessory  to  the  shedding  of  the  blood  of 
Scottish  men."  The  earl  of  Sussex  deferred  his  answer  like- 
wise, till  the  queen  should  be  advertised.  Not  the  less  the 
regent  observed  the  diet,  accompanied  with  five  thousand 
gentlemen,  none  of  the  adverse  party  appearing. 

Thereafter  a  parliament  was  indicted  to  hold  at  Edinburgh 
the  10th  of  October  ;  and  the  regent  understanding  that  the 
earl  of  Huntly  had  sent  a  hundred  and  sixty  soldiers  to 
Brechin,  and  given  orders  for  providing  victuals  to  the  com- 
panies who  were  there  to  meet  him,  made  a  hasty  expedi- 
tion thither,  and  having  sent  the  Lords  Lindsay  and 
Ruthven,  with  Sir  James  Haliburton,  provost  of  Dundee,  a 
little  before  himself,  went  nigh  to  have  intercepted  the  earl 
of  Crawford,  the  Lord  Ogilvy,  and  Sir  James  Balfour,  who 
were  there  attending  Huntly.  But  they  escaping,  the  sol- 
diers fled  to  the  steeple  of  the  church  and  castle,  which  they 
had  fortified.  The  steeple,  at  the  regent's  first  coming,  did 
yield,  and  so  many  as  were  therein  had  their  lives  saved ; 
the  castle  held  out  some  days,  till  they  heard  the  cannon  was 
at  hand,  and  then  rendered  at  discretion.  Captain  Cowts  with 
thirty  of  his  soldiers  were  executed,  because  they  had  once 
served  the  king  and  made  defection.  The  rest  were  par- 
doned, upon  surety  not  to  carry  arms  against  the  present 
authority.  This  expedition  ended,  the  regent  returned  to 
Edinburgh. 

In  the  month  of  August,  by  letters  from  Denmark  it  was 


138  THE  HISTORY  OF  THE  [a.  D.  1570. 

advertised,  that  Colonel  John  Clerk,  who  had  served  the 
king  there  in  his  wars  with  Sweden,  was  imprisoned  by  the 
suggestion  of  some  of  his  countrymen  that  laboured  for  Both- 
well's  liberty.  Whereupon  Mr  Thomas  Buchanan,  brother 
to  Mr  George  Buchanan  the  king's  tutor,  was  sent  in  am- 
bassage  to  Denmark,  to  require  that  Bothwell  might  be 
delivered  and  sent  into  Scotland,  to  the  effect  justice  might 
be  done  upon  him,  or  then  that  he  might  be  judged  there, 
for  the  detestable  murder  committed  upon  the  person  of  the 
king's  father,  and  receive  his  due  punishment.  This  had 
before  that  time  been  often  desired,  but  was  delayed  by 
divers  occasions ;  and  now  the  report  of  Bothwell's  greater 
liberty,  and  that  he  had  been  permitted  to  accuse  Colonel 
Clerk,  a  gentleman  well  esteemed,  and  of  good  reputation 
for  his  service  done  both  at  home  and  in  parts  abroad,  the 
regent  and  council  took  occasion  to  put  that  king  in  remem- 
brance of  their  former  requests ;  and  if  any  doubt  was  made 
in  those  parts  of  Bothwell's  guiltiness,  they  offered  to  clear 
the  same  by  evident  probation,  and  thereupon  entreated 
him,  by  the  communion  of  blood  and  nigh  kindred  betwixt 
him  and  the  king  of  Scotland,  that  he  would  not  suffer  such 
a  nefarious  person  to  escape.  In  the  same  letters  they  re- 
quested that  the  colonel  might  be  set  at  liberty,  and  restored 
to  the  king's  wonted  favour,  or  then  be  licensed  to  return 
into  Scotland,  where  there  was  present  use  of  his  service. 
This  ambassage  was  not  without  fruit,  and  put  Bothwell  out 
of  all  credit ;  so  as,  desperate  of  liberty,  he  turned  mad,  and 
ended  his  wicked  life  some  years  after  (as  before  was  touched) 
most  miserably. 

All  things  now  went  ill  with  the  queen's  faction,  neither 
saw  they  a  way  to  subsist  but  by  labouring  an  abstinence, 
which  the  secretary  earnestly  went  about,  and  prevailed  so 
far  with  the  two  liegers  of  France  and  Spain,  as  they  brought 
the  queen  of  England  to  a  new  treaty  with  the  Scots  queen, 
and  to  hearken  unto  some  overtures  which  she  did  make 
both  for  the  queen's  assurance,  and  for  the  settling  of  a  per- 
fect peace  betwixt  her  and  her  son,  and  those  that  stood  in 
his  obedience.  This  moved  to  the  regent,  he  did  greatly 
oppose  it ;  yet  the  queen  of  England  would  needs  have  him 
agree  to  the  abstinence  for  the  space  of  two  months,  in  which 
it  was  thought  the  treaty  should  take  an  end.     Great  dispute 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  139 

there  was  about  the  tenor  and  form  of  the  abstinence,  which 
at  last  was  accorded  in  these  terms.  "  That  the  regent 
should  obhge  himself  and  his  partakers  to  cease  from  arms, 
and  not  to  molest  any  that  pretended  obedience  to  the  king's 
mother,  during  the  space  of  two  months,  which  should  be 
understood  to  begin  the  third  day  of  September ;  providing 
that  no  innovation  should  be  made  in  the  government,  and 
all  things  continue  in  the  same  estate  wherein  they  were  at 
the  death  of  the  late  regent :  as  also  that  the  ordinary  ad- 
ministration of  the  law  and  justice  in  parhament,  session  and 
other  courts,  with  the  punishment  of  tliieves  and  trespassers, 
might  proceed  in  the  mean  time  by  law  or  force  in  the  king's 
name  and  under  his  authority,  without  any  opposition."  This 
granted,  by  a  second  letter  the  queen  of  England  signified, 
"  That  she  had  appointed  Sir  William  Cecil  her  principal 
secretary,  and  Sir  Walter  Mildmay  chancellor  of  the  ex- 
chequer, to  repair  to  the  queen  of  Scots,  who  then  lay  at 
Chattesworth  in  Derbyshire,  and  learn  what  offers  she  would 
make  for  her  majesty's  surety,  and  the  not  disturbing  the 
realms,  if  she  should  be  put  to  liberty.  In  which  treaty  she 
minded  not  to  neglect  the  surety  of  the  young  king,  and  the 
estate  of  the  nobility  adhering  to  him,  whereof  she  would  be 
no  less  careful  than  of  what  concerned  herself  most.  But  in 
regard  that  treaty  could  take  no  good  effect,  if  the  regent 
and  the  nobility  on  his  side  should  do  anything  to  the  preju- 
dice of  the  queen  of  Scots  and  her  party,  she  desired  that  no 
parliament  should  be  kept  during  the  time  of  the  treaty ;  or 
if  it  had  taken  beginning  before  the  receipt  of  the  letter, 
that  nothing  should  pass  therein  which  might  give  her  cause 
to  complain.  And  for  the  abstinence  taken  unto  the  third  of 
November,  seeing  there  was  no  likehhood  the  treaty  should 
take  an  end  in  so  short  a  time,  he  was  farther  desired  to 
prorogue  the  same  for  other  two  months."  The  letter, 
dated  at  Windsor  the  seventh  of  October,  was  brought  to 
the  regent  the  thirteenth,  some  two  days  after  the  parlia- 
ment was  begun. 

This  treaty  did  much  perplex  the  regent ;  for  albeit  he 
was  advertised  before  of  the  queen  of  England's  condescend- 
ing to  hear  what  the  Scottish  queen  would  say  in  her  own 
cause,  yet  he  did  not  expect  any  such  sudden  dealmg,  or  that 
it  should  have  begun  without  his  knowledge.     But  making 


140  THE  HISTORY  OF  THE  [a.  D.  1570. 

the  best  construction  of  all  things,  he  answered,  "  That  the 
parliament  had  taken  a  beginning  before  her  majesty's  letters 
came  to  his  hand,  and  for  the  reverence  he  did  carry  to  her, 
he  had  abstained  from  all  proceeding  in  any  matters,  only  his 
office  of  regiment  was  confirmed,  and  the  parhament  ad- 
journed unto  the  month  of  January,  before  which  time  he 
hoped  the  fruit  of  that  treaty  would  appear."  For  the  pro- 
rogation of  the  abstinence,  "  he  had  declared  at  the  first  how 
hurtful  the  same  was  to  the  king  his  affairs,  and  that  there 
was  no  true  meaning  in  the  adverse  party,  as  did  manifestly 
appear  by  the  arresting  of  the  ships  and  goods  of  the  Scot- 
tish merchants  professing  the  king  his  obedience,  in  the 
kingdom  of  France,  and  other  divers  insolencies  practised  at 
home,  since  the  granting  thereof.  That  howsoever  he  was 
persuaded  her  majesty  had  not  a  mind,  under  colour  of  the 
abstinence,  to  ruin  the  young  king  and  those  that  stood  in 
defence  of  his  authority ;  yet  they  had  received  more  hurt 
thereby  than  they  could  have  done  if  open  hostility  had 
been  professed.  Therefore  he  desired  that  before  he  was 
urged  with  a  farther  cessation,  the  ships  and  goods  stayed 
in  France  might  be  set  free,  the  injuries  committed  at  home 
repaired,  and  all  things  innovated  in  the  government  since 
the  late  regent's  death  disannulled  by  proclamation ;  which 
things  performed,  he  should  willingly  obey  her  majesty's 
desire."  Upon  this  last  part  of  the  letter  many  debates 
arose  amongst  the  parties,  and  divers  particulars  on  either 
side  were  exhibited  in  writing  to  the  earl  of  Sussex,  for 
verifying  a  breach  of  the  abstinence  against  others.  That 
which  I  find  most  insisted  upon  was  the  denouncing  of 
Secretary  Lethington  rebel,  who,  being  cited  to  appear 
at  a  certain  day  before  the  regent  and  council,  was  for 
his  contumacy  sentenced  to  lose  his  office,  and  have  his 
goods  confiscated.  The  regent  challenged  of  this  point  made 
answer,  "  That  the  secretary  could  claim  no  benefit  by  the 
abstinence,  seeing  he  was  the  king's  subject,  and  stood  to 
the  defence  of  the  king's  cause  both  in  England  and  Scotland, 
professing  himself  as  much  displeased  with  the  proclamation 
of  the  queen's  authority  as  any  man  else.  And  howbeit  of 
late  he  had  accompanied  the  contrary  faction,  yet  he  never 
decHned  his  subjection  to  the  king.  That  being  required  to 
attend  his  office  he  had  refused,  whereupon  the  same  was 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  141 

justly  taken  from  him  ;  and  for  the  confiscation  complained, 
if  he  would  yet  declare  on  what  side  he  was,  he  should  be 
reasonably  used." 

The  secretary,  who  had  often  changed  his  party,  finding 
that  he  must  declare  himself  on  the  one  side  or  the  other, 
sent  to  the  earl  of  Sussex  this  answer,  "  That  he  did  think 
it  strange  the  regent  should  inquire  on  which  side  he 
was,  seeing  his  speeches,  writings,  and  actions,  had  declared 
the  same.  Always  now  he  would  plainly  profess,  that  he 
was  not  of  the  lord  regent's  side,  nor  would  he  acknowledge 
him  for  regent.  That  he  was  of  that  side  which  would  per- 
form their  duties  to  the  queen  of  Scotland  and  to  her  son,  so 
as  neither  of  them  should  have  cause  to  find  fault  with  him 
that  he  was  of  that  side  which  wished  to  either  of  them  the 
place  which  in  reason  and  justice  they  ought  to  possess ;  and 
that  he  was  of  that  side  which  requested  the  queen  of  Eng- 
land to  enter  into  good  conditions  with  the  queen,  whereby 
Scotland  might  be  brought  in  a  union,  and  she  restored  to 
her  Uberty  and  realm.  He  confessed  that  he  did  not  allow 
of  the  proclaiming  of  the  queen's  authority,  nor  of  the  parlia- 
ment indicted  by  those  of  her  part,  because  he  foresaw  the 
same  would  impede  the  treaty  betwixt  the  two  queens,  and 
might  do  hurt  many  ways,  and  hinder  the  good  he  was  about 
to  do.  But  that  would  not  infer  an  allowance  of  their  doings. 
And  this  (he  said)  might  give  the  regent  to  understand  on 
what  side  he  was." 

This  answer,  neither  expressing  a  reason  of  his  falling 
away  from  the  king's  obedience,  nor  discovering  plainly,  as 
was  desired,  of  what  side  he  should  be  esteemed,  being  de- 
livered to  the  regent,  received  this  reply.  "  That  it  was  no 
marvel  he  should  refuse  to  acknowledge  him  for  regent,  hav- 
ing deserved  so  ill  at  his  hands,  and  being  attainted  of  the 
foul  and  cruel  murder  of  his  son,  the  king's  father.  That  his 
declaration  did  not  satisfy  that  which  was  demanded  ;  for 
where  he  made  a  show  to  observe  a  duty  both  to  the  queen 
and  to  her  son,  and  would  have  it  appear  that  he  was  about 
the  effecting  of  great  matters,  the  duties  he  had  done  to 
either  of  them  were  well  enough  known,  neither  could  any 
man  look  for  any  good  to  proceed  from  him.  Therefore, 
howsoever  he  had  against  his  promise  and  subscription  de- 
clined from  the  king's  party,  he  must  still  be  subject  to  an- 


142  THE   HISTORY  OF  THE  [a.  D.  1570. 

swer  such  particulars  as  should  be  laid  against  him  in  the 
king's  name.  And  seeing  it  was  neither  her  majesty's  mean- 
ing, that  any  person  guilty  of  the  king's  murder  should  en- 
joy benefit  by  the  abstinence,  he  that  was  challenged  thereof 
in  the  late  regent's  time,  and  had  in  council  offered  himself  to 
the  severest  trial  that  might  be  taken,  could  not  complain  of 
the  breach  of  abstinence  for  any  thing  done  or  intended 
against  him.  But  that  neither  this  particular  nor  any  other 
should  be  an  occasion  to  dissolve  that  treaty  begun,  he  said, 
that  he  was  content  the  notes  of  all  injuries,  alleged  on  either 
side,  should  be  dehvered  in  writing  to  the  earl  of  Sussex,  and 
the  trial  or  redress  thereof  continued,  till  it  should  appear 
what  effect  the  treaty  brought  forth."  The  prorogation  of 
the  abstinence  in  the  mean  time,  as  was  desired  by  the  queen 
of  England,  was  yielded  unto,  and  subscribed  the  fourth  of 
November,  with  this  provision,  that  the  ships  and  goods  of 
the  Scottish  merchants  arrested  at  that  time  in  France  should 
be  released,  and  no  stay  made  of  such  as  should  happen  to 
repair  thither  during  the  time  of  the  abstinence. 

Whilst  these  things  were  debating,  the  copy  of  the  articles 
proponed  by  the  commissioners  of  England  to  the  queen  of 
Scots  for  the  surety  of  their  queen  were  sent  to  the  lords  of  ^ 
her  faction  to  be  considered,  which  were  as  foUoweth. 

1.  That  the  treaty  of  Leith  should  be  confirmed  ;  and  th£ 
she  should  not  claim  any  right  nor  pretend  title  to  the* 
crown  of  England  during  the  life  of  Queen  Ehzabeth. 

2.  That  she  should  not  renew  nor  keep  any  league  with  any, 
prince  against  England,  nor  yet  receive  foreign  forces  int 
Scotland. 

3.  That  she  should  neither  practise  nor  keep  intelligen( 
with  Irish  or  EngHsh  without  the  queen's  knowledge,  and,'^ 
in  the  meantime,  cause  the  English  fugitives  and  rebels 
to  be  rendered. 

4.  That  she  should  redress  the  harms  done  by  her  faction 
in  the  borders  of  England. 

5.  That  she  should  not  join  in  marriage  with  any  Enghsh- 
man  without  the  consent  of  the  queen  of  England,  nor  with 
any  other  against  the  hking  of  the  Estates  of  Scotland. 

6.  That  she  should  not  permit  the  Scots  to  pass  into  Ireland 
without  hcense  obtained  from  the  queen  of  England. 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  143 

7.  That  for  the  performance  of  these  articles,  her  son  should 
be  delivered  to  be  brought  up  in  England,  and  six  other 
hostages,  such  as  the  queen  of  England  should  name, 
should  be  sent  thither ;  the  castles  of  Home  and  Fast- 
castle,  kept  by  the  EngUsh  for  the  space  of  three  years, 
and  some  fort  in  Galloway  or  Cantire  be  put  in  the 
Englishmen's  hands,  for  restraining  the  Irish  Scots  from 
going  into  Ireland. 

8.  That  she  should  do  justice  according  to  the  law  upon  the 
murderers  of  her  husband  and  the  late  earl  of  Murray. 

9.  That  she  should  set  her  hand,  and  cause  the  commission- 
ers to  be  appointed  by  her  party  set  their  hands  and  seals, 
to  these  articles. 

10.  And,  lastly,  that  all  these  particulars  should  be  confirmed 
by  the  Estates  of  Scotland  in  parliament. 

Now  albeit  divers  of  these  articles  were  misliked  by  the 
lords  of  her  faction,  yet  conceiving  thereby  some  hope  of  her 
restitution,  they  dispersed  certain  copies  in  the  country,  to 
encourage  those  that  professed  her  obedience,  holding  back 
such  of  the  articles  as  seemed  most  hard,  trusting  to  obtain  a 
mitigation  thereof  in  the  conference.  And  she  indeed,  I 
mean  the  Scottish  queen,  showed  herself  pleased  withal ;  only 
she  remitted  the  full  answer  to  her  commissioners  that  should 
come  from  Scotland.  The  rumour  of  the  accord  held  good 
a  few  days,  and  amused  the  regent  and  other  noblemen  not 
a  little,  till  a  letter  directed  by  Sir  William  Cecil  from 
Chattesworth  in  Derbyshire,  where  the  queen  of  Scots  then 
lay,  did  otherwise  inform,  which  was  to  this  effect :  "  That 
he  was  put  upon  that  employment  much  against  his  heart, 
and  yet  had  not  dealt  therein  but  with  a  great  regard  of  the 
safety  of  the  young  king  and  whole  estate,  and  that  all  he 
had  done  touching  Scottish  affairs  was  under  protestation, 
that  it  should  be  in  the  power  of  those  whom  the  queen  and 
regent  should  send  in  commission  to  change,  diminish,  or 
augment  the  articles  at  their  pleasures.  Therefore  did  he 
advise  the  regent  to  send  a  nobleman  with  some  other  well 
learned  and  practised  in  the  affairs  of  the  country,  to  deal  in 
these  matters  ;  taking  care  that  the  persons  he  choosed  were 
constant  and  firm,  and  such  as  would  not  be  won  from  him, 
nor  jfrom  the  cause."     This  letter  of  the  date  the  thirteenth 


144  THE  HISTORY  OF  THE  [a.  D.  1570.     j 

of  October  1570,  written  in  so  friendly  and  familiar  a  manner 
(for  therein  he  named  some  whom  the  regent  had  lately  em- 
ployed, of  whom  he  willed  him  to  beware),  gave  him  to  un- 
derstand that  matters  were  not  so  far  gone  as  his  adversaries 
did  brag. 

After  a  few  days  the  earl  of  Sussex  advertised  the  regent, 
"  That  the  lords  of  the  other  faction  had  made  choice  of  cer- 
tain commissioners  to  attend  the  treaty  begun  betwixt  their 
queen  and  the  queen  of  England,  desiring  that  no  trouble  nor 
molestation  should  be  made  to  them  and  their  train  in  that 
journey ;  as  also  to  send  some  special  persons  instructed 
with  commission  from  the  king  and  the  nobility  of  his  side, 
to  give  their  best  advice  for  the  surety  of  the  king  and 
his  dependants,  if  matters  should  happen  to  be  accorded. 
And  if  it  fell  out  otherwise,  to  consider  what  should  be 
the  most  sure  course  for  continuance  of  amity  betwixt 
the  two  realms,  the  preservation  of  the  young  king,  the  re- 
ducing of  the  subjects  to  his  obedience,  and  the  defence  of  the 
isle  against  foreign  invasions.  These  commissioners  he  de- 
sired to  be  sent  with  expedition,  for  that  her  majesty  longed 
to  have  an  end  of  the  business,  and  could  not  grow  to  any 
resolution  till  she  had  conferred  with  them,  and  understood 
their  minds." 

This  he  did  by  direction  from  the  queen  his  mistress,  as 
he  wrote,  howbeit  he  himself  had  thought  of  some  particulars 
that  he  held  convenient  to  be  thought  upon,  both  for  the 
king's  security  and  theirs,  if  his  mother  should  be  set  at 
liberty,  wherein  he  prayed  him  familiarly  to  show  what  was 
his  opinion.  As  first,  "  If  she  should  happen  to  be  restored 
to  her  crown,  and  the  king  be  made  to  dimit  the  authority, 
it  might  be  upon  condition  that  in  case  of  her  death,  or  the 
breach  of  the  present  agreement,  he  might  re-enter  to  the 
kingdom  without  any  solemnities  to  be  used.  Next,  That  a 
council  of  both  parties  might  be  provided  to  her  by  the  queen 
of  England,  for  avoiding  all  sorts  of  practices.  Thirdly, 
That  the  young  king  should  be  educated  in  the  realm  of  Eng- 
land, under  the  custody  of  such  persons  as  the  nobility  of  his 
party  should  appoint ;  which  would  be  the  greatest  surety 
for  those  that  depended  on  him,  and  tie  his  mother  to  the 
performance  of  the  articles.  Fourthly,  That  a  new  act  of 
parliament  should  be  made  for  the  estabhshing  of  true  reli- 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  145 

gion,  and  oblivion  of  all  injuries  committed  on  either  side. 
Fifthly,  That  the  queen  should  give  some  principal  men  of 
her  side  hostages  to  remain  in  England  for  fulfilling  the 
heads  of  the  agreement.  Lastly,  He  advised  the  regent  to 
send  with  the  commissioners  that  should  be  employed  in  that 
errand,  a  writing  signed  and  sealed  by  all  the  noblemen  of 
the  king's  party,  to  show  who  they  were  that  stood  on  that 
side ;  because,  besides  the  credit  it  would  bring  to  the  cause, 
the  same  would  be  to  good  purpose  howsoever  matters  went. 
For  if  the  treaty  should  break  off,  it  would  be  seen  who  would 
maintain  and  defend  the  king ;  or  if  otherwise  an  accord  were 
made,  it  would  be  known  for  what  persons  the  queen  of  Eng- 
land was  to  provide  a  surety." 

Whether  these  propositions  were  made  (as  he  gave  out)  of 
his  own  head,  or,  which  would  rather  appear,  that  he  was 
set  on  by  the  queen  of  England  to  try  the  regent  and  no- 
biUty's  mind,  he  answered  very  advisedly,  and  beginning  at 
the  last,  he  said,  "  That  he  held  his  opinion  good  touching 
the  sealing  of  a  writing  by  the  nobility  of  the  king's  party, 
whose  number  would  not  be  found  so  great  as  he  wished, 
because  there  were  divers  neuters  that  adhered  to  no  side, 
and  many  that  desired  to  keep  things  loose,  some  for  impunity 
of  crimes  whereof  they  were  suspected,  and  others  hoping  to 
better  their  condition  in  an  unquiet  time ;  yet  he  trusted  to 
obtain  the  subscriptions  of  a  sufficient  number  who  had  sincerely 
continued  in  the  profession  of  true  rehgiou  and  his  majesty's 
obedience,  and  from  their  hearts  abhorred  the  murderers  of 
the  king  his  son  and  the  late  regent.  For  the  other  points, 
he  said  that  he  could  not  give  his  private  opinion  in  matters 
so  important,  by  reason  of  his  oath  made  at  the  acceptation 
of  the  government  to  have  no  dealing  in  matters  of  that  kind 
without  the  knowledge  of  the  nobility  and  council.  And 
touching  the  commissioners  which  the  queen  required  to  be 
sent,  there  should  be  diligence  used  therein,  how  soon  they 
understood  of  what  quality  the  others  were  that  the  lords  of 
the  queen's  party  did  choose.  Neither  should  any  molestation 
be  made  to  them  in  their  journey,  so  as  their  names,  the  num- 
ber of  their  train,  and  the  way  they  minded  to  take  were 
notified  :  for  otherwise,  as  he  said,  the  king  and  estate  might 
receive  hurt,  and  some  that  were  culpable  of  those  odious 
murders  steal  away  privately  in  their  company.     Meanwhile, 

VOL.  II.  10 


146  THE  HISTORY  OF  THE  [a.  D.  1570. 

he  showed,  that  till  commissioners  might  be  chosen  by  the 
advice  of  the  noblemen  then  absent,  the  council  had  appointed 
the  abbot  of  Dunfermline  ambassador  to  the  queen  of  Eng- 
land, and  given  him  such  instructions  as  they  held  need- 
ful for  the  time,  by  whom  she  should  be  more  fully  advertised 
of  their  minds  in  all  matters." 

About  the  midst  of  November,  the  abbot  of  Dunfermline 
(then  made  secretary)  went  into  England.  He  was  desired 
to  show  the  queen,  "  How  it  was  the  expectation  of  all  the 
good  subjects  in  Scotland,  that  she  would  never  forget  the 
motherly  care  she  had  professed  to  have  of  the  innocent  per- 
son of  their  young  king ;  nor  yet  be  unmindful  of  the  noble- 
men and  others  professing  his  obedience,  who  had  studied  to 
maintain  peace  betwixt  the  two  realms  ever  since  her  majes- 
ty's entry  to  the  crown :  and  that  they  being  required,  as 
well  by  letters  from  her  lieutenant  in  the  north,  as  by  her 
ambassador  resident  amongst  them,  to  direct  some  special 
persons  towards  her  for  communicating  such  things  as  they 
thought  requisite  for  the  surety  of  their  king  and  themselves, 
although  they  had  resolved  upon  a  number  sufficient  for 
that  legation,  yet  they  deferred  to  send  any  till  they  should 
understand  who  were  nominated  for  the  lords  of  the  other 
party,  to  the  end  they  might  equal  them  in  birth  and  quality. 
That  in  the  mean  time,  lest  they  should  be  thought  more 
negligent  than  became  them  in  a  matter  of  such  importance, 
they  had  laid  upon  him  the  charge  to  come  and  signify  to 
her  majesty  the  opinion  that  was  held  in  Scotland  of  the 
articles  framed  at  Chattesworth,  which  the  adversaries  gave 
out  to  have  been  craved  by  her  majesty,  and  esteemed  a  suf- 
ficient surety  for  the  queen  of  Scots.  And  if  he  did  find  her 
majesty  inchning  thereto,  then  to  remember  her  with  what  a 
person  she  had  to  do ;  a  princess  by  birth,  in  religion  popish, 
one  that  professed  herself  a  captive,  and  as  joined  with  a 
husband  (suppose  in  a  most  unlawful  conjunction),  and  that 
any  one  of  these  would  serve  for  a  colour  to  undo  whatsoever 
thing  she  agreed  unto  at  the  present :  for  her  majesty  could 
not  be  ignorant,  how  after  her  escape  out  of  Lochleven,  she 
revoked  the  dimission  of  the  crown,  made  in  favours  of  her 
son  (though  the  same  was  done  for  good  respects),  upon  a 
pretext  of  fear,  and  that  she  did  the  same  being  a  captive. 
As  likewise,  she  knew  the  papists'  maxim  of  not  keeping  faith 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  147 

to  heretics,  which  would  serve  her  for  a  subterfuge  to  break 
all  covenants  when  she  saw  her  time  ;  and  that  to  dimit  her 
upon  any  surety,  would  prove  no  less  dangerous  to  her  ma- 
jesty's own  estate  than  to  Scotland,  considering  the  claim  she 
had  made  in  former  times  to  the  crown  of  England,  and  the 
attempts  of  her  rebels  at  home,  not  yet  well  extinct,  upon 
the  same  gromids.  In  regard  whereof,  there  was  nothing 
could  assure  the  quiet  of  both  realms,  in  their  opinions,  but 
her  detention  under  safe  custody,  which  could  not  be  esteemed 
dishonourable,  the  just  causes  and  occasions  being  pubUshed 
and  made  manifest  to  the  world.  As  to  the  power  of  foreign 
princes  whereof  they  boasted,  the  same  was  not  much  to  be 
feared,  so  long  as  her  person  was  kept  sure ;  and  if  war  for 
that  cause  should  be  denounced,  the  peril  should  be  less  than 
if  she  were  set  at  liberty  and  restored  to  the  crown ;  for  so 
she  should  have  her  forces  and  friendship  ready  to  join  with 
other  princes  in  all  their  quarrels,  against  which  no  hostages 
could  serve  for  assurance." 

This  was  the  sum  of  his  instructions.  He  had  presence  of 
the  queen  the  penult  of  November,  and  perceiving  that  none 
of  these  articles  were  concluded,  he  did  communicate  all  his 
instructions  unto  her,  as  he  was  desired.  She  having  perused 
them,  and  reasoned  thereupon  with  her  council,  returned  this 
answer :  "  That  she  found  in  his  instructions  divers  things 
worthy  of  consideration,  which  behoved  to  be  farther  debated 
and  gravely  weighed,  because  of  their  importance ;  therefore 
desired  some  men  of  credit  to  be  directed  unto  England,  that 
an  end  might  be  put  to  that  business.  For  as  to  the  restitu- 
tion of  their  queen,  seeing  it  appeared  they  had  reason  to 
oppose  it,  she  would  not  have  the  regent  or  those  of  his  party 
to  think  that  she  intended  to  wrong  them  in  any  sort ;  for  if 
they  should  make  it  appear  that  nothing  was  done  by  them 
but  according  to  justice,  she  would  side  with  them  and  main- 
tain their  quarrel.  And  otherwise,  if  they  were  not  able  to 
justify  their  cause  by  such  evident  reasons  as  might  satisfy 
her  majesty  in  conscience,  and  make  her  answer  the  world  in 
honour,  she  would  nevertheless,  for  that  natural  love  she 
bare  to  the  king,  her  near  kinsman,  and  the  good  will 
she  carried  to  the  noblemen  that  stood  for  his  authority, 
leave  no  means  unprovided  for  their  safeties.  But  in  regard 
a  great  part  of  the  time  appointed  in  the  last  prorogation  of 


148  THE  HISTORY  OF  THE  [a.  D.  1570. 

the  abstinence  was  already  spent,  she  requbed  the  same  to 
be  prorogated  unto  March  next ;  and  would  desire  them  to 
agree  thereto,  in  regard  they  that  ^tood  for  the  queen  had 
condescended  to  the  same,  and  as  much  more  time  as  she 
should  think  fitting."  This  answer,  of  the  date  at  Hampton 
Court  the  seventh  of  December,  came  unto  the  regent  the 
fifteenth,  who  thereupon  advertised  the  noblemen  to  meet  at 
Edinburgh  with  all  diligence  for  taking  deliberation  of  things 
desired. 

The  laird  of  Grange,  whether  to  impede  the  meeting,  or 
to  divert  the  council  from  trying  a  conspiracy  which  was 
then  discovered,  and  said  to  have  been  devised  in  the  castle 
against  the  regent's  life,  it  is  uncertain,  raised  a  great  trouble 
in  the  town  of  Edinburgh  about  the  same  time.  One  of  his 
servants,  called  James  Fleming,  being  imprisoned  by  the 
magistrates  for  a  slaughter  committed  by  his  direction,  he  in 
the  evening,  whilst  all  men  were  at  supper,  made  the 
garrison  of  the  castle  to  issue  forth,  and  break  open  the 
prison  doors,  playing  all  the  while  upon  the  town  with  the 
cannon,  to  terrify  the  inhabitants  from  making  resistance. 
This  being  complained  of  to  the  regent,  he  was  cited  to 
answer  for  the  riot,  but  refused  to  appear,  and  presently 
brake  out  in  open  rebellion,  fortifying  the  castle,  and  con- 
ducing a  number  of  soldiers,  who  did  afterwards  greatly 
annoy  the  citizens. 

The  nobility  notwithstanding  did  keep  the  meeting,  and 
made  choice  of  the  earl  of  Morton,  the  abbot  of  Dunfermline, 
and  Mr  James  Macgill,  to  go  unto  England ;  withal  they 
agreed  to  the  abstinence  required,  adjourning  the  parliament 
to  May  thereafter.  How  soon  these  commissioners  were 
come  to  London,  the  earls  of  Leicester  and  Sussex,  the  lord 
keeper,  the  chamberlain.  Sir  William  Cecil,  secretary  (then 
made  Lord  Burleigh),  Sir  Walter  Mildmay,  and  Sir  Francis 
KnoUys,  were  appointed  to  confer  with  them.  These  meeting 
in  the  secretary's  chamber  at  court,  after  salutations  and 
some  general  speeches,  the  Lord  Burleigh  said,  "  That  they 
were  desired  to  come  into  England  upon  occasion  of  a  treaty 
begun  betwixt  the  two  queens,  and  that  her  majesty  did 
now  expect  to  receive  from  them  such  evident  reasons  for 
their  proceedings  against  their  queen,  as  wherewith  she  might 
both  satisfy  herself,  and  with  honour  answer  to  the  world 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  149 

for  that  which  she  did :  Or  if  they  could  uot  be  able  so  to 
do,  that  matters  might  be  composed  in  the  best  sort  for  their 
safeties,  which  her  majesty  would  by  all  means  procure."  The 
commissioners  answered,  "  That  they  had  before  that  time 
imparted  the  truth  of  all  things  to  her  majesty,  which  they 
thought  might  satisfy  to  clear  them  from  the  crimes  objected  ; 
yet  if  she  stood  doubtful  in  any  point,  the  same  should  be 
cleared,  and  their  doings  justified  by  most  evident  reasons." 
Nothing  farther  was  said  at  that  time,  but  all  continued  to 
the  next  day.  And  then  having  again  met,  the  earl  of 
Morton  made  a  long  discourse  of  the  reasons  and  grounds  of 
their  proceedings,  answering  the  objections  which  he  thought 
could  be  made  against  what  he  had  spoken.  His  discourse 
ended,  they  were  desu^ed  to  put  their  reasons  in  writing; 
which  was  with  some  difficulty  yielded  unto,  and  under  con- 
dition, "  that  if  the  reasons  proponed  by  them  did  not  con- 
tent her  majesty,  the  writing  should  be  re-dehvered,  and  no 
copy  taken  thereof ;  otherwise,  if  her  majesty  did  hke  and 
allow  them,  they  were  content  the  same  should  be  put  in 
record,  if  so  it  pleased  her  highness." 

The  last  of  February  (for  albeit  the  twentieth  of  that 
month  they  came  to  London),  they  presented  a  number  of 
reasons  for  justifying  the  deposition  of  their  queen,  and  cited 
many  laws  both  civil,  canon,  and  municipal,  which  they 
backed  with  examples  drawn  forth  of  Scottish  histories,  and 
with  the  opinions  of  divers  famous  divines.  The  queen  of 
England,  having  considered  their  reasons,  was  not  a  little 
displeased  both  with  the  bitter  speeches,  and  with  the  liberty 
they  had  used  in  depressing  the  authority  of  princes,  and 
thereupon  told  them,  "  That  she  was  in  no  sort  satisfied 
with  their  reasons,  willing  them  to  go  unto  the  second  head, 
and  devise  what  they  thought  meetest  for  the  safety  of  their 
king  and  themselves.  But  they  refusing,  said.  That  they 
had  no  commission  to  speak  of  any  thing  that  might  derogate 
from  the  king's  authority ;  and  if  such  a  commission  had  been 
given  them,  they  would  not  have  accepted  it." 

In  these  terms  matters  continued  some  days,  till  the  com- 
missioners for  the  king  of  Scots  suiting  to  be  dimitted  were 
sent  for  to  Greenwich,  where  the  queen  had  a  long  speech, 
tending  all  to  declare  what  a  good  will  she  had  carried  to 
the  young  king,  and  to  those  that  professed  his  obedience, 


150  THE  HISTORY  OF  THE  [a.  D.  1570. 

and  wondering  they  should  be  so  wilful  as  not  to  deliberate 
of  such  things  as  served  to  their  own  safety.  The  commis- 
sioners answering,  that  they  believed  the  reasons  produced 
would  have  satisfied  her  majesty  touching  their  proceedings, 
which  (as  they  esteemed)  were  sufficient  to  prove  that  they 
had  done  nothing  but  according  to  justice ;  "  Yet  I  (saith 
the  queen)  am  not  satisfied  neither  with  your  reasons,  nor 
laws,  nor  examples  ;  nor  am  I  ignorant  of  the  laws  myself, 
having  spent  divers  years  in  the  study  thereof.  If  ye  your- 
selves will  not  propone  any  thing  for  your  own  sureties,  yet 
I  would  have  you  hear  what  my  council  is  able  to  say  in  that 
matter,  and  I  hope  it  shall  content  you," 

They  answered,  "  That  their  respect  to  her  majesty  was 
greater  than  to  refuse  any  good  advice  which  she  and  her 
council  should  give  them ;  but  that  they  had  no  power  to 
consent  to  any  thing  that  might  infer  an  alteration  of  the 
present  state,  or  diminish  the  king's  authority." 

The  next  day  the  articles  following  were  given  them,  and 
they  desired  to  consider  the  same,  and  set  down  their  answer 
in  writing. 

1.  That  in  regard  her  son  had  been  crowned  king  by 
virtue  of  her  dimission,  and  his  coronation  ratified  by  the 
three  Estates  of  parliament,  and  that  since  that  time  a  great 
number  of  the  subjects  had  professed  obedience  to  him  and 
his  regents,  which  was  to  be  interpreted  in  the  best  part,  as 
done  out  of  duty,  and  not  out  of  any  ill  mind  towards  their 
queen,  the  obedience  so  yielded  to  the  king  and  his  regents 
should  be  allowed  from  the  time  of  the  dimission  of  the 
crown  made  by  her,  unto  the  resumption  of  the  same.  And 
all  manner  of  acts  done  since  that  time  in  the  administration 
of  justice  and  for  government  of  the  state  should  be  reputed 
good  and  lawful,  or  at  least  reviewed,  and  confirmed  in  the 
next  parliament,  after  consideration  taken  of  the  same  by 
twelve  lords,  whereof  six  should  be  named  by  the  queen  and 
her  commissioners,  and  the  other  six  by  the  commissioners  for 
the  king's  part. 

2.  That  all  statutes  and  ordinances  made  concerning 
matters  of  religion  and  the  ministers  thereof,  since  the.  said 
time,  should  be  observed  by  all  the  subjects  of  Scotland,  and  no 
pardon  nor  dispensation  granted  in  time  coming  to  any  person 
not  observing  the  same,  without  consent  of  the  said  twelve  lords. 


A.  D.  1570.]  CHURCH  OF  SCOTLAND.  151 

3.  That  all  processes,  sentences,  and  judgments  given 
either  in  causes  civil  or  criminal  since  the  said  time,  wherein 
the  order  of  the  laws  of  the  realm  had  been  observed,  should 
remain  in  force,  and  only  such  sentences  as  had  been  pro- 
nounced either  in  the  name  of  the  king  or  queen  against  any 
person  for  not  obeying  or  acknowledging  either  of  their 
titles  be  rescinded ;  the  sentences  always  pronounced  against 
the  earl  of  Bothwell  or  any  others  for  the  murder  of  the 
queen's  husband  standing  good  and  valid. 

4.  That  all  ecclesiastical  benefices  and  temporal  offices, 
which  have  usually  continued  in  the  person  of  any  during  term 
of  life,  should  remain  with  the  same  persons  that  held  them 
at  the  time  of  the  queen's  dimission ;  such  excepted  as  may 
be  proved  to  have  consented  to  the  murder  of  her  husband, 
or  that  have  left  them  upon  recompense  and  with  their  own 
consents,  in  which  cases  the  present  possessors  should  enjoy 
the  same,  unless  they  were  incapable,  and  declared  by  the 
twelve  lords  to  be  such. 

5.  That  all  strengths,  castles,  and  houses  appertaining  to 
the  crown  should  be  restored  to  the  possession  of  those  who 
held  them  at  the  time  of  the  queen's  dimission,  except  they 
had  parted  therewith  upon  agreement :  in  which  case  the 
queen,  with  consent  of  the  said  twelve  lords  or  the  most  part 
of  the  council,  should  dispose  thereof. 

6.  That  the  jewels,  plate,  moveables  and  implements  of 
houses  belonging  to  the  queen  at  the  time  of  her  dimission 
should  be  restored,  provided  the  moneys  which  any  had  laid 
out  for  the  same  were  repaid.  And  for  such  as  had  been  put 
away  by  the  direction  of  the  regents  or  council,  that  recom- 
pense should  be  made  by  the  queen  to  the  party  according 
to  the  just  value. 

7.  That  a  law  should  be  established  in  parliament  for 
oblivion  and  remission  of  all  things  done  since  that  time, 
after  the  same  manner  that  was  done  in  the  year  1563  : 
Providing  not  the  less,  that  the  comptroller,  treasurer,  and 
other  receivers  of  the  crown-revenues,  should  give  an  account 
to  the  queen  of  all  sums  of  money  or  other  profits  which  had 
not  been  expended  hona  fide  for  the  affairs  of  the  realm,  or 
by  order  and  warrant  from  the  regent  and  others  trusted 
with  those  affairs  ;  neither  should  the  remission  be  extended 
to  any  that  had  taken  by  force  any  houses,  castles,  lands,  or 


152  THE  HISTORY  OF  THE  [a.  D.  1570. 

heritages  belonging  to  others,  but  restitution  should  be  made 
thereof  to  the  party  dispossessed,  or  to  his  heirs,  till  the  same 
by  order  of  law  were  justly  recovered.  In  like  manner 
concerning  goods  moveable  taken  away  from  the  owners 
against  their  wills,  and  being  yet  in  their  own  nature  extant, 
that  restitution  should  be  made  thereof.  And  because  many 
doubts  might  arise  upon  this  article,  the  same  should  be  de- 
termined by  the  foresaid  twelve  lords,  or  otherwise,  as  was 
devised  for  the  execution  of  the  act  made  anno  1563. 

8.  That,  for  the  more  quiet  government  of  the  realm, 
there  should  be  appointed  a  privy  council,  which  should 
consist  of  twelve  lords  spiritual  and  temporal,  besides  the 
other  ordinary  officers  that  do  usually  attend.  And  that  the 
said  council  should  be  established  with  the  like  provisions 
that  were  made  at  the  return  of  the  queen  out  of  France,  anno 
1561 ;  so  many  as  were  then  councillors,  and  yet  alive, 
being  counted  of  that  number ;  and  that  the  earl  of  Lennox, 
because  he  was  most  bound  by  nature  to  take  care  of  the 
king,  should  be  one  of  the  council,  and  have  place  therein 
according  to  his  degree. 

9.  That  for  the  greater  safety  of  the  king's  person,  he 
should  be  brought  into  the  realm  of  England,  and  there 
governed  by  such  noblemen  of  Scotland  as  depend  of  him ; 
so  as  he  may  be  ever  ready  to  be  restored  to  the  crown,  if 
the  queen  his  mother  break  the  covenants  agreed  betwixt  her 
and  the  queen  of  England. 

10.  That  for  his  entertainment  he  should  not  only  have 
the  revenues  which  the  princes  of  Scotland  in  former  times 
possessed,  but  also  the  rents  and  offices  belonging  sometime 
to  the  earl  of  Bothwell. 

11.  And  last.  That  a  convenient  number  of  hostages,  being 
all  noblemen,  and  of  those  who  have  adhered  to  the  queen, 
and  solicited  her  delivery,  should  enter  in  England  to  remain 
there  for  assurance  of  observing  the  conditions  made  both  to 
the  king  of  Scots  and  the  subjects  under  his  obedience,  and 
to  the  queen  of  England  for  the  peace  and  quiet  of  her  do- 
minions ;  and  that  the  said  hostages  should  be  entered  in 
England  before  the  queen  of  Scots  shall  be  put  to  liberty. 

These  Articles  delivered  to  them  were  answered  the  next 
day  as  followeth.  "  We  have  seen  and  considered  the  note 
of  the  heads  which  we  received  from  your  lordships  for  paci- 


A.  D,  1570.]  CHURCH  OF  SCOTLAND.  153 

fying  the  controversies  between  the  queen  our  sovereign's 
mother,  and  the  king  her  son  and  his  subjects,  touching  the 
title  of  the  crown  of  Scotland,  if  it  be  found  that  her  dimis- 
sion  either  was  or  may  be  lawfully  revoked  by  her ;  and 
therewithal  having  diligentl}^  perused  our  commission  and 
instructions,  to  know  how  far  we  might  enter  in  treaty  upon 
the  same  heads  for  satisfaction  of  the  queen's  majesty  and 
your  lordships  to  whom  the  hearing  of  the  cause  is  committed, 
we  find  ourselves  no  way  able  nor  sufficiently  authorized  to 
enter  into  any  treaty  or  conference  touching  the  king  our 
sovereign  his  crown,  the  abdication  or  diminution  of  the 
same,  or  yet  the  removing  of  his  person  from  the  place  where 
he  abideth.  For  as  we  profess  ourselves  his  highness'  sub- 
jects, and  have  all  our  power  and  commission  from  him,  to 
treat  in  his  name,  in  matters  tending  to  the  maintenance  of 
true  religion,  his  honour  and  estate,  and  for  the  continuance 
of  amity  betwixt  the  two  realms,  so  we  cannot  presume  to 
abuse  our  commission  in  any  tiling  that  may  prejudge 
him,  wherein  we  trust  your  lordships  shall  allow  and  ap- 
prove us," 

At  the  same  time,  and  whilst  these  tilings  were  a-doing 
with  the  king's  commissioners,  some  others  were  appointed 
to  confer  with  those  of  his  mother's  party :  and  to  them  it 
was  proposed,  "  That,  for  the  security  of  the  queen  of  Eng- 
land, and  the  noblemen  that  followed  the  king  of  Scots,  the 
duke  of  Chatelherault,  with  the  earls  of  Huntly,  Argyle,  the 
Lords  Home,  Herries,  and  any  other  nobleman  they  pleased 
to  name,  should  be  delivered  as  pledges,  and  the  castles  of 
Dumbarton  and  Home  be  put  in  the  hands  of  Enghshmen, 
to  be  kept  for  three  years."  The  answer  they  gave  was, 
"  That  she,  who  of  her  own  motive  committed  herself  to  the 
protection  of  the  queen  of  England,  would  most  willingly 
give  her  satisfaction  in  all  things  which  conveniently  might 
be  done  ;  but  to  deliver  those  great  men  and  the  fortresses 
required,  was  no  other  thing  but  to  spoil  and  deprive  the 
distressed  queen  of  the  succour  of  her  most  faithful  friends, 
and  the  strength  of  those  places.  Yet  if  in  all  other  points 
they  did  agree,  they  made  offer  that  two  earls  (one  whereof 
should  be  of  the  number  nominated)  and  two  lords  should 
enter  as  hostages,  and  remain  in  England  for  the  space  of 
two  years ;  but  for  the  holds  and  castles  they  could  not,  be- 


154  THE  HISTORY  OF  THE  [a.  D.  1570. 

cause  of  the  league  with  France,  he  put  in  the  hands  of  Enghsh- 
men,  unless  others  were  put  also  in  the  hands  of  the  French." 

The  queen  of  England,  perceiving  that  there  were  on  both 
sides  great  impediments,  sent  for  the  king's  commissioners, 
and  told  them  how  she  had  considered  that  the  Articles  pro- 
poned could  not  be  resolved  but  in  a  parliament ;  and  there- 
fore leaving  the  treaty  for  a  time,  seeing  she  understood 
there  was  a  meeting  of  the  Estates  appointed  in  May  next, 
she  held  it  meetest  they  should  return,  and  iu  that  meeting 
condescend  upon  an  equal  number  of  both  parties  that  should 
have  power  to  compose  matters ;  the  abstinence  in  the  mean 
time  being  renewed,  in  hope  that  all  differences  should  be 
taken  away,  and  matters  peaceably  agreed.  This  she  would 
cause  signify  to  the  agents  of  their  queen,  and  doubted  not 
but  they  would  assent  thereto.  Yet  when  it  was  moved 
unto  them,  they  refused  to  agree  to  any  delay,  till  they 
should  know  what  was  her  own  mind.  Hereupon  the  king's 
commissioners  were  commanded  to  stay  till  her  answer  should 
be  returned. 

In  this  time  the  bishop  of  Galloway  and  the  Lord  Living- 
stone, trusting  to  speed  better  by  conference  with  the  earl  of 
Morton  and  the  rest,  sent  to  desire  a  meeting  of  them ; 
which  was  yielded  unto,  provided  the  bishop  of  Ross  came 
not  in  their  company,  for  him  they  would  not  admit,  as  being 
the  king's  rebel  Having  met,  they  talked  kindly  one  to 
another.  But  that  the  queen  should  be  restored  to  her 
authority,  in  no  condition  (though  divers  were  proponed) 
could  be  admitted.  Which  when  she  heard,  and  that  the 
queen  of  England  had  taken  a  course  to  delay  things,  she 
grew  into  a  great  choler,  and  inhibited  her  commissioners  to 
treat  any  more.  This  reported  to  the  queen  of  England,  she 
sent  for  the  earl  of  Morton  and  his  associates,  and  told  them, 
that  their  queen  took  in  evil  part  the  motion  she  had  made : 
"  and  seeing  it  is  so,"  saith  she,  "  I  will  not  detain  you 
longer,  ye  shall  go  home,  and  if  afterwards  she  be  brought 
to  agree  to  this  course,  as  I  hope  she  shall,  I  have  no  doubt 
but  you  will,  for  your  parts,  do  that  which  is  fitting."  Thus 
were  they  dimitted. 

Whilst  these  things  were  doing  in  England,  the  factions  at 
home,  notwithstanding  of  the  abstinence,  were  not  idle,  but 
taking  their  advantage  of  others.     Lord   Claud  Hamilton 


A.  D.  1570.]  CHURCH  OF  SCOTLAND,  155 

ejecting  the  Lord  Sempill  his  servants  forth  of  the  house  of 
Paslay,  placed  therein  a  number  of  soldiers,  and  by  them 
kept  all  those  parts  in  fear.  The  regent  upon  this,  gathering 
some  forces,  besieged  the  house,  and  had  it  rendered  to  him 
within  a  few  days.  The  soldiers  were  conveyed  to  Edin- 
burgh, and  hanged  on  the  gallows  without  the  town.  Not 
long  after,  upon  intelligence  that  the  castle  of  Dumbarton 
was  negligently  kept  and  might  easily  be  surprised,  he  sent 
three  companies,  under  the  command  of  Captain  Crawford, 
Captain  Home,  and  Captain  Ramsey,  to  give  the  attempt. 
Ladders  and  other  necessaries  for  scaling  being  prepared, 
they  went  thither  in  the  night,  conducted  by  a  fellow  that 
had  served  in  the  house,  and  as  then  had  quit  his  service 
upon  a  private  discontent.  A  little  before  day,  carrying  the 
ladders  with  the  least  noise  they  could  make,  they  placed 
the  same  in  the  most  commodious  part  for  ascent,  and,  not- 
withstanding of  sundry  difficulties  that  happened,  got  up  in 
the  end  to  the  top  of  the  rock.  There  having  a  wall  of 
stone  likewise  to  climb,  Captain  Alexander  Ramsey,  by  a 
ladder  which  they  drew  up  after  them,  was  the  first  that 
entered,  and  for  a  short  space  defended  himself  against  three 
watchmen  that  assailed  him.  Crawford  and  Home  following 
quickly  with  their  companies,  the  watchmen  were  killed,  and 
the  munition  seized.  The  Lord  Fleming,  who  commanded 
the  castle,  hearing  the  tumult,  fled  to  the  nether  Baize,  (so 
they  call  the  part  by  which  they  descend  to  the  river,)  and 
escaped  in  a  little  boat.  The  soldiers  and  other  servants 
yielding,  were  spared,  and  freely  dimitted.  Within  the 
castle  were  the  archbishop  of  St  Andrews,  Monsieur  Verac 
the  Frenchman,  the  Lady  Fleming,  John  Fleming  of  Boghall, 
Alexander  Livingstone,  son  to  the  Lord  Livingstone,  and 
John  Hall  an  Englishman,  who  were  all  made  prisoners. 
The  next  morning  the  regent  came  tliither  (for  he  was  lying 
at  Glasgow),  and  using  the  lady  honourably,  suffered  her  to 
depart  with  her  plate,  jewels,  and  all  that  appertained  either 
to  her  or  to  her  husband.  Verac  was  sent  to  be  kept  at 
St  Andrews,  and  permitted  afterwards  to  depart.  The 
Englishman  Hall  was  delivered  to  the  marshal  of  Berwick. 
Boghall  and  the  Lord  Livingstone's  son  Avere  detained.  The 
archbishop  was  sent  to  Stirling,  and  the  first  of  April  pub- 
hcly  hanged  on  a  gibbet  erected  to  that  purpose. 


156  THE  HISTORY  OF  THE  [a.  D.  1570. 

This  was  tlie  first  bishop  that  suffered  by  form  of  justice 
in  this  kingdom.  A  man  he  was  of  great  action,  wise  and 
not  unlearned,  but  in  life  somewhat  dissolute.  His  death, 
especially  for  the  manner  of  it,  did  greatly  incense  his  friends, 
and  was  disliked  of  divers,  who  wished  a  greater  respect  to 
have  been  carried  to  his  age  and  place.  But  the  suspicion  of 
his  guiltiness  in  the  murders  of  the  king  and  regent  made 
him  of  the  common  sort  less  regretted.  It  is  said,  that  being 
questioned  of  the  regent's  murder  he  answered,  "  That  he 
might  have  stayed  the  same,  and  was  sorry  he  did  it  not." 
But  when  he  was  charged  with  the  king's  death,  he  denied 
the  same.  Yet  a  priest  called  Thomas  Robinson,  that  was 
brought  before  him,  affirmed  that  one  John  Hamilton  (com- 
monly called  Black  John)  had  confessed  to  him  on  his  death- 
bed that  he  was  present  by  his  direction  at  the  murder. 
Whereunto  he  replied,  "  That  being  a  priest  he  ought  not 
to  reveal  confessions,  and  that  no  man's  confession  could 
make  him  guilty."  But  for  none  of  those  points  was  he  con- 
demned, nor  the  ordinary  form  of  trial  used,  though  he  did 
earnestly  request  the  same;  only  upon  the  forfeiture  led 
against  him  in  parliament  he  was  put  to  death,  and  the  exe- 
cution hastened,  lest  the  queen  of  England  should  have  in- 
terceded for  his  life. 

They  who  stood  for  the  queen,  upon  advertisement  that 
the  treaty  was  dissolved,  and  that  she  had  recalled  the  bishop 
of  Galloway  and  the  Lord  Livingstone,  did  presently  take 
arms.  The  laird  of  Grange,  to  keep  the  town  of  Edinburgh 
under  command,  did  plant  in  the  steeple  of  St  Giles  some 
soldiers,  and  transport  all  the  armour  and  munition  which 
was  kept  in  the  town  house  to  the  castle.  After  a  few  days 
the  duke  of  Chatelherault  came  thither,  with  the  earls  of 
Argyle  and  Huntly,  the  Lords  Herries,  Boyd,  and  divers 
others,  to  stay  the  holding  of  the  parliament,  which  had 
been  adjourned  to  the  fourteenth  of  May.  At  their  coming 
they  compelled  the  clerks  and  keepers  of  the  register  to 
dehver  the  books  of  council  and  parliament,  and  seized  on 
every  thing  which  they  thought  might  hinder  the  states  to 
convene.  The  ministers  were  commanded  in  their  pubHc 
prayers  to  make  mention  of  the  queen  their  sovereign  prin- 
cess, which  they  refused.     John  Knox  withdrew  himself, 


A.  D.  1571.]  CHURCH  OF  SCOTLAND.  157 

and  retired  to  St  Andrews,  Alexander  bishop  of  Galloway- 
preaching  in  his  place. 

The  regent  on  the  other  side,  with  the  nobility  that  adhered 
to  the  king,  came  unto  Leith,  with  a  resolution  to  hold  the 
parhament,  whatsoever  should  follow  ;  and  because  it  would 
be  a  difficult  work  to  recover  the  town,  conclusion  was  taken 
to  keep  the  parhament  in  that  part  of  the  Canongate  which 
is  subject  to  the  town's  jurisdiction ;  the  lawyers  having  re- 
solved, that  in  what  part  soever  of  the  town  the  Estates 
should  convene,  their  meeting  would  be  found  lawful.  Thus 
on  Monday  the  fourteenth  of  May,  which  was  the  diet  ap- 
pointed, the  parliament  according  to  the  custom  was  fenced 
in  a  house  without  the  gates,  yet  within  the  liberties  of  the 
town.  The  Saturday  preceding,  the  regent  had  by  ad- 
vice of  the  council  sent  some  men  of  war  to  possess  that 
part  of  the  town,  who  were  assisted  by  certain  noblemen 
voluntaries  that  joined  in  the  service.  And  notwithstanding 
the  continual  playing  of  the  ordnance  upon  that  part  from 
the  castle,  both  that  day  and  all  the  time  the  parliament  sat, 
not  a  man  (a  thing  most  strange)  of  the  regent's  side  was 
either  hurt  or  killed.  There  were  cited  to  the  parliament 
young  Lethington,  his  brother  Mr  John  Maitland,  prior  of 
Coldingham,  Gavin  Hamilton,  abbot  of  Kilwinning,  with  his 
eldest  son,  and  a  base  son  of  the  late  archbishop  of  St 
Andrews,  who  were  all  declared  culpable  of  treason ;  young 
Lethington,  because  of  his  foreknowledge  and  counsel  given 
to  King  Henry  his  murder;  the  rest  for  their  rebellion 
against  the  king  and  his  regents.  As  in  such  a  troubled 
time  the  parliament  was  very  frequent ;  for  of  the  nobility 
were  present  the  earls  of  Morton,  Mar,  Glencarne,  Craw- 
ford (who  some  months  before  had  forsaken  the  queen's  fac- 
tion, and  submitted  himself  to  the  king),  Buchan,  and  Men- 
teith,  the  Lords  Keith  and  Graham,  as  proxies  for  their 
fathers,  the  earls  of  Marshal  and  Montrose,  with  the  Lords 
Lindsay,  Ruthven,  Glammis,  Yester,  Methven,  Ochiltrie, 
Cathcart,  two  bishops,  nine  abbots  and  priors,  with  twenty 
commissioners  of  burghs.  The  forfeiture  pronounced,  the 
Estates  took  counsel  to  dissolve,  because  the  danger  was 
great,  and  prorogued  the  parliament  to  the  third  of  August, 
appointing  the  same  to  meet  at  Stirling, 

A  new  civil  war  did  then  break  up,  which  kept  the  realm 


158  THE  HISTORY  OF  THE  [a,  D.  1571. 

in  trouble  the  space  of  two  years  very  nigh,  and  was  excr- 
ced  with  great  enmity  on  all  sides.  You  should  have  seen 
fathers  against  their  sons,  sons  against  their  fathers,  brother 
fighting  against  brother,  nigh  kinsmen  and  others  allied  to- 
gether as  enemies  seeking  one  the  destruction  of  another. 
Every  man,  as  his  affection  led  him,  joined  to  the  one  or  other 
party;  one  professing  to  be  the  king's  men,  another  the 
queen's.  The  very  young  ones  scarce  taught  to  speak  had 
these  words  in  their  mouths,  and  were  sometimes  observed 
to  divide  and  have  their  childish  conflicts  in  that  quarrel. 
But  the  condition  of  Edinburgh  was  of  all  parts  of  the  coun- 
try the  most  distressed,  they  that  were  of  quiet  disposition 
and  greatest  substance  being  forced  to  forsake  their  houses ; 
which  were  partly  by  the  soldiers,  partly  by  other  neces- 
sitous people  (who  made  their  profit  of  the  present  calamities), 
rifled  and  abused.'  The  nineteenth  day  of  May  the  regent 
and  other  noblemen  leaving  the  Canongate  went  to  Leith, 
and  the  next  day  in  the  afternoon  took  their  journey  towards 
Stirling,  where  the  ordinary  judges  of  Session  were  com- 
manded to  sit  for  ministering  justice  to  the  lieges.  As  they 
were  taking  horse,  the  forces  within  Edinburgh  issued  forth, 
making  show  to  fight,  yet  still  they  kept  themselves  under 
guard  of  the  castle.  The  earl  of  Morton  parting  from  the 
regent  at  Corstorphine,  had  the  foot-soldiers  left  with  him  to 
withstand  the  enemy,  if  he  should  make  any  sudden  attempt. 
Nor  did  there  many  days  pass  when  the  earl  of  Huntly  and 
Lord  Claud  Hamilton  with  their  forces  enterprised  the  burn- 
ing of  Dalkeith.  Morton,  who  remained  there,  being  fore- 
warned of  their  coming,  took  the  fields,  and  entertained  a 
long  fight  with  them,  though  in  number  he  was  far  inferior. 
Divers  on  either  side  wore  killed,  twenty-five  of  the  earl  of 
Morton's  men  taken  prisoners,  and  of  the  adverse  party 
Captain  Hackerston.  Neither  had  the  conflict  ended  so  soon, 
if  they  had  not  been  separated  by  an  accident  that  happened 
in  the  time.  The  earl  of  Huntly  and  Lord  Claud  had  car- 
ried with  them  a  great  quantity  of  powder,  wherewith  the 
soldiers  striving  to  furnish  themselves,  and  one  of  the 
matches  falling  amongst  the  powder,  it  took  fire,  and  with  a 
terrible  noise  overthrew  all  that  stood  by.  Captain  James 
Melvill  and  a  number  of  his  company  were  thereby  killed  in 
'  [See  note  at  the  end  of  this  Book.— E.] 


A.  D.  1571.]  CHURCH  OF  SCOTLAND.  159 

the  place ;  many  died  a  few  days  after  of  the  hurt  they  re- 
ceived at  that  time. 

The  earl  of  Morton  by  this  invasion  being  taught  to  look 
unto  himself,  did  hire  a  band  of  soldiers  that  was  lately  come 
from  Denmark  under  the  command  of  Captain  Michael 
Wemyss,  or,  as  others  write,  Captain  David  Wemyss.  The 
lords  that  remained  at  Edinburgh,  thinking  to  intercept  him 
and  his  company,  as  he  crossed  the  river  of  Forth,  employed 
Mr  James  Kirkcaldy,  brother  to  the  laird  of  Grange  (who  a 
few  days  before  was  come  from  Franco  with  a  supply  of 
money  and  arms),  and  Captain  Cullen,  a  man  well  skilled  in 
sea  affairs,  to  he  in  wait  for  their  landing.  But  the  purpose 
being  detected  to  the  earl  of  Morton,  he  came  upon  them  at 
Leith  as  they  were  taking  boat  so  unexpected,  as  sixteen  of 
the  number  were  taken  prisoners ;  which  served  to  redeem 
certain  of  Captain  Wemyss's  company,  that  were  the  next 
day  taken  at  sea,  for  he  himself  with  the  greatest  part  arrived 
safely  at  Leith. 

The  regent  having  advertised  the  queen  of  England  of 
those  troubles,  and  by  the  common  danger  of  both  the  realms 
entreated  that  she  should  no  longer  remain  a  neuter,  she  sent 
Sir  WiUiam  Drury,  marshal  of  Berwick,  to  try  the  estate  of 
things,  the  power  that  the  regent  had,  and  the  means  where- 
by the  castle  of  Edinburgh  might  be  recovered.  And  per- 
ceiving by  the  information  returned,  that  without  her  assist- 
ance neither  could  that  strength  be  regained,  nor  the  waged 
soldiers  be  kept  long  together,  because  as  yet  she  held  it  not 
fit  to  declare  herself  for  the  king,  she  began  of  new  to  treat 
with  both  parties  for  a  surccasance  of  arms,  and  that  the 
town  of  Edinburgh  might  be  freed  of  the  soldiers,  and  left 
patent  for  the  court  of  justice,  the  captain  of  the  castle  having  in 
the  meantime  a  convenient  revenue  (for  guarding  the  house) 
allowed  unto  him.  But  this  turned  to  no  effect,  for  the  con- 
ditions for  the  surceasance  required  could  not  be  agreed  unto 
by  either  side.  For  the  regent  would  have  the  town  of 
Edinburgh  put  in  the  estate  wherein  it  was  at  the  going  of 
the  commissioners  to  the  court  of  England  in  January  pre- 
ceding, and  Grange  to  content  himself  with  such  an  ordinary 
garrison  as  other  keepers  of  the  castle  were  accustomed  to 
entertain.  The  other  faction  was  content  to  leave  the  town 
patent,  but  so,  that  neither  the  regent  nor  the  eai'l  of  Morton 


160  THE  HISTORY  OF  THE  [a.  D.  1571. 

should  come  unto  it.  And  for  the  surety  of  the  castle,  they 
would  have  Grange  to  retain  a  hundred  and  fifty  soldiers 
besides  the  ordinary  guard,  who  should  lodge  in  that  part  of 
the  town  which  was  nearest  unto  the  same. 

The  conditions  of  either  side  rejected,  they  of  Edinburgh, 
not  to  be  wanting  of  the  authority  of  a  parliament,  kept  a 
public  meeting  in  the  town-house  the  twelfth  day  of  June 
(to  which  day  they  had  indicted  a  parliament),  where  a  sup- 
plication was  presented  in  name  of  the  queen,  bearing,  "  That 
it  was  not  unknown  how  certain  of  her  rebellious  subjects 
having  imprisoned  her  person  in  the  tower  of  Lochleven,  did 
hereafter  constrain  her  to  make  a  dimission  of  the  crown  in 
favours  of  her  son,  which  by  the  advice  of  Mr  John  Spence 
of  Condy,  her  advocate,  she  had  lawfully  revoked ;  albeit 
otherwise  the  same  could  not  subsist,  being  done  without  the 
consent  and  advice  of  the  Estates,  and  upon  a  narrative  of  her 
inability  and  weakness,  which  any  of  mean  judgment  might 
consider  to  be  a  mere  forgery,  seeing  her  weakness  to  govern 
cannot  be  esteemed  so  great  as  is  the  weakness  of  an  infant 
lying  in  the  cradle,  neither  can  he  who  hath  the  present  ad- 
ministration of  aifairs  compare  with  her  in  any  sort  for  apt- 
ness and  ability  to  govern.  Therefore  was  it  desired  that 
the  nobility  and  Estates  there  convened,  after  they  had 
examined  the  grounds  of  the  said  dimission,  and  found  them 
in  reason  naught,  should  discern  the  same  to  be  null  in  all 
time  coming." 

The  supplication  once  or  twice  read,  as  the  custom  is,  it 
was  pronounced  as  foUoweth  :  "  The  lords  spiritual  and  tem- 
poral with  the  commissioners  of  burghs  presently  assembled, 
being  ripely  advised  with  the  supplication  presented,  have 
by  authority  of  parliament  ordained  the  said  pretended  di- 
mission, renunciation,  and  overgiving  of  the  crown  by  the 
queen,  consequently  the  coronation  of  her  son,  the  usurped 
government  of  liis  regents,  and  all  that  hath  followed  there- 
upon, to  have  been  from  the  beginning  null  and  of  no  force 
nor  effect,  for  the  reasons  contained  in  the  said  supplication, 
and  other  considerations  notour  to  the  whole  Estates.  And 
therefore  commands  all  the  subjects  to  acknowledge  the  queen 
for  their  only  sovereign,  notwithstanding  the  said  dimission, 
and  as  it  had  never  been  in  rerum  natura.'"  Herewith  to 
conciliate  the  favour  of  the  church  and  people,  by  another 


A.  D.  1571.]  CHURCH  OF  SCOTLAND,  161 

statute  they  ordained,  "  That  none  should  innovate,  alter,  or 
pervert  the  form  of  religion  and  ministration  of  sacraments, 
presently  professed  and  estabhshed  within  the  realm  ;  but 
that  the  same  should  have  free  course,  without  any  let  or 
impediment  to  be  made  thereto."  And  therewithal  the  super- 
intendents, ministers,  exhorters,  and  readers  in  churches, 
were  commanded  in  theu'  pubHc  service  to  pray  for  the  queen 
as  their  only  sovereign,  the  prince  her  son,  the  council, 
nobility,  and  whole  body  of  the  commonwealth.  These 
statutes  they  caused  to  be  proclaimed  at  the  market-cross  the 
day  following,  which  was  the  thirteenth  of  June. 

Sir  William  Drury  findmg  his  labours  unprofitable,  and 
preparing  to  depart,  the  lords  of  Edinburgh  would  needs  in 
courtesy  bring  him  on  the  way.  The  earl  of  Morton,  who 
lay  then  at  Leith  pained  with  a  cholic,  hearing  that  they 
were  in  the  fields,  and  taking  it  to  be  done  for  ostentation  of 
their  power,  arose  from  his  bed,  and  putting  his  men  in 
order,  marched  to  Restalrig,  which  way  they  were  to  pass. 
Sir  William  Drury  perceiving  the  companies  of  Leith  in  the 
way,  and  sorry  that  his  convoy  should  have  given  the  occa- 
sion, travelled  between  them,  and  by  his  persuasions  made 
them  both  consent  to  retire.  But  then  the  question  fell  who 
should  first  retu'e ;  and  for  this  Sir  William  proponed,  that 
he  should  stand  between  the  companies,  and  upon  a  sign  to 
be  given  by  him  both  should  turn  at  one  instant.  The  earl 
of  Morton  accepted  the  condition,  lest  he  should  offend  the 
gentleman  who  had  taken  such  pains  amongst  them ;  the 
others  refused,  giving  forth  great  brags,  that  they  should 
make  them  leave  the  fields  with  shame  if  they  did  it  not 
wilUngly.  How  soon  Morton  was  advertised  of  the  diflSculty 
they  made,  he  cried  aloud,  "  On,  on,  we  shall  see  who  keeps 
the  fields  last,"  and  therewith  gave  so  hard  a  charge  upon 
them,  as  they  disordered  both  the  horse  and  foot.  The 
chase  held  towards  the  Watergate,  where  by  reason  of  the 
strait  and  narrow  passage  many  were  killed  and  trod  to 
death ;  but  the  number  of  prisoners  were  greater,  for  there 
were  a  hundi-ed  and  fifty  taken,  amongst  whom  were  the 
Lord  Home  and  Captain  James  Cullen ;  the  abbot  of  Kil- 
winning was  killed,  a  gentleman  of  good  worth,  and  greatly 
lamented,  for  he  was  of  all  that  faction  esteemed  most  mo- 
derate.    There  died  some  fifty  in  all,  most  of  them  common 

VOL.  II.  11 


162  THE  HISTORY  OF  THE  [a.  D,  1571. 

soldiers  and  of  mean  account.  On  Morton's  side  Captain 
Wemyss  with  one  only  soldier  was  slain.  This  conflict 
happened  on  Saturday  the  twenty-eighth  of  June  1571. 

Advertisement  hereof  sent  to  the  regent,  he  came  the  next 
day  to  Leith,  where  first  order  was  taken  with  the  prisoners, 
and  the  Lord  Home  sent  to  Tantallan.  But  he  stayed  not 
long  there,  for  the  laird  of  Drumlanrig  being  intercepted  by 
Sir  David  Spence  of  Wormiston,  as  he  was  making  home- 
wards, an  exchange  was  made  of  the  Lord  Home  with  him. 
Captain  Cullen,  a  man  infamous,  and  who  in  the  last  wars 
had  used  great  cruelty,  was  hanged  on  a  gibbet.  The  rest 
upon  promise  not  to  serve  against  the  king  were  dimitted. 
Resolution  then  was  taken  for  the  regent's  abode  at  Leith, 
and  the  country's  attendance  upon  him  by  quarters,  to  keep 
the  adversaries  busied,  and  hinder  the  victualling  of  the 
town.  During  which  time  no  day  passed  without  one  con- 
flict or  other,  wherein  sometimes  the  regent,  and  sometimes 
the  queen's  party  had  the  better.  At  this  time,  upon  a  re- 
port carried  to  the  laird  of  Grange  that  he  was  commonly 
called  by  those  of  Leith  the  traitor,  he  sent  a  trumpet  to 
appeal  any  one  of  their  side  to  combat  that  should  dare  to 
affirm  so  much.  The  laird  of  Garlies  offering  to  maintain 
it,  time  and  place  were  appointed  for  the  fight ;  and  when  all 
were  expecting  the  issue  of  it.  Grange  excused  himself  by  the 
public  charge  he  bare,  saying,  "  That  it  was  not  thought  con- 
venient he  should  hazard  the  cause  in  his  own  person." 

Notwithstanding  of  this  great  heat  amongst  the  parties,  the 
queen  of  England  ceased  not  to  mediate  an  accord,  and  by  a 
letter  to  the  marshal,  dated  the  nineteenth  of  July,  willed 
him  to  move  them  of  new  for  an  abstinence,  offering  to  send 
persons  of  authority  and  credit  to  the  borders,  who  should 
travail  to  agree  them,  and  remove  all  differences  as  well  con- 
cerning the  title  of  the  crown  as  other  private  matters.  And 
because  it  was  given  her  to  understand  that  both  parties  had 
indicted  parliaments  to  August  next,  she  desired  that  no  pro- 
ceeding should  be  made  therein,  either  by  making  of  laws,  or 
by  denouncing  of  any  persons  forfeited,  and  that  only  they 
should  authorize  certain  persons  to  meet  with  her  commis- 
sioners for  consulting  upon  the  best  means  to  conclude  a 
solid  peace.  There  was  also  a  letter  of  safe  conduct  sent  for 
any  one  that  Grange  would  direct  imto  England  (for  this  he 


A.  D.  1571.]  CHURCH  OF  SCOTLAND.  163 

had  desired),  Lethington  excepted,  and  those  that  were  sus- 
pected of  the  late  king's  murder.  But  whether  this  exception 
gave  the  cause,  or  the  daily  encouragements  sent  by  the 
French,  none  was  directed  thither. 

The  regent  by  his  answer  of  the  twenty-seventh  excused 
his  not  yielding  to  the  abstinence,  Avhich,  he  said,  "  without 
evident  prejudice  to  the  king's  cause  could  not  be  granted  so 
long  as  Edinburgh  was  detained."  For  other  points  he  an- 
swered, "  That  by  himself,  without  the  consent  of  the  nobihty 
and  Estates,  he  could  say  nothing  ;  but  at  their  meeting  in 
August  her  majesty  should  receive  all  reasonable  satisfaction." 
The  adversary  party  in  the  mean  time,  nothing  relenting  of 
their  course,  did  keep  a  form  of  parliament  at  Edinburgh 
the  twenty-second  August ;  and  though  they  were  but  five 
persons  in  all  present  that  had  any  voice  in  the  state,  to  wit, 
two  bishops  and  three  noblemen,  they  pronounced  above 
two  hundred  persons  forfeited.  The  regent  advertising  the 
queen  of  England  how  they  had  proceeded,  and  with  what 
disorder,  did  show  the  necessity  whereunto  they  that  lived 
in  the  king's  obedience  were  brought,  and  how  it  concerned 
him  and  the  .rest  to  prosecute  what  they  had  justly  intended, 
in  regard  of  their  enemies'  precipitation.  So  in  the  parliament 
kept  at  Stirling  the  twenty-eighth  of  the  same  month,  sen- 
tence of  forfeiture  was  pronounced  against  the  duke  of 
Chatelherault,  his  two  sons,  the  abbot  of  Aberbrothock  and 
Lord  Claud,  the  earl  of  Huntly,  the  laird  of  Grange,  and 
some  others.  And  for  satisfying  the  queen  of  England's 
desire,  the  earls  of  Morton,  Mar,  and  Glencarne,  the  Lords 
Sempill,  E-uthven,  and  Glammis,  with  the  bishop  of  Orkney, 
the  abbots  of  Dunfermline  and  St  Colme's  Inch,  Sir  John 
Bellenden,  justice-clerk,  and  Mr  James  Macgill,  clerk  of 
register,  were  nominated  by  the  Estates,  and  commission 
given  them,  or  to  any  four,  three,  or  two  of  that  number,  to 
treat  with  such  as  the  queen  of  England  should  appoint  upon 
the  differences  arisen  amongst  the  subjects  by  occasion  of  the 
late  troubles,  and  for  contracting  a  league  offensive  and  de- 
fensive betwixt  the  two  realms.  Of  all  that  did  the  regent 
give  notice  to  the  queen,  beseeching  her  not  to  press  them 
with  any  thing  that  might  seem  to  call  the  king's  authority 
in  question.  But  before  these  letters  came  to  her  hands,  he 
was  killed,  as  ye  shall  hear. 


164  THE  HISTORY  OF  THE  [a.  D.   1571. 

Lord  Claud  Hamilton  having  intelligence  given  him  of  the 
security  wherein  the  regent  and  nobility  lived  at  Stirling, 
and  how  as  in  a  time  of  settled  peace  they  did  not  so  much 
as  keep  a  watch  by  night,  took  resolution  to  invade  them, 
and  was  therein  greatly  encouraged  by  Captain  George  Bell 
(a  man  born  in  Stirling,  and  one  that  knew  all  the  passages 
and  streets),  who  made  offer  to  put  him  and  the  company  he 
should  bring  with  him  safely  in  the  town.  This  he  communi- 
cated to  the  earl  of  Huntly,  Walter  Scot  of  Buccleuch,  and 
David  Spence  of  Wormiston,  who  were  all  content  to  join  in 
the  enterprise.  The  second  of  September  they  went  from 
Edinburgh  a  little  before  sunsetting,  accompanied  with  two 
hundred  horse  and  three  hundred  foot ;  and,  lest  their 
journey  should  be  suspected,  they  made  the  rumour  go  that 
they  went  towards  Jedburgh,  to  compose  a  discord  fallen  out 
betwixt  the  town  and  the  laird  of  Farniherst.  To  ease  the 
footmen  they  had  taken  all  the  horses  which  came  the  day 
before  to  the  market,  and  as  many  as  they  could  otherwise 
purchase  by  the  way ;  and  so  marching  with  a  wonderful 
confidence  (for  by  the  way  all  their  discourse  was  whom  they 
would  kill,  and  whom  they  would  save),  they  came  about  the 
dawning  of  the  day  to  the  town,  and  found  all  things  so  quiet, 
as  not  a  dog  was  heard  to  open  his  mouth  and  bark  :  where- 
upon having  planted  the  soldiers  in  the  most  commodious 
parts  of  the  town,  and  enjoined  them  to  suffer  no  person  to 
come  unto  the  street,  they  went  to  the  noblemen's  lodgings 
which  were  designed  unto  them,  and  found  there  little  or  no 
resistance.  The  earl  of  Morton  defended  the  lodging  where- 
in he  was  some  little  time,  but  fire  being  put  to  the  house 
he  rendered  to  the  laird  of  Buccleuch.  The  regent  was 
taken  with  less  ado,  his  servants  making  no  defence.  In  like 
sort  were  the  earls  of  Glencarne  and  Eglinton  made  prisoners, 
with  divers  others.  The  earl  of  Mar  hearing  the  noise, 
issued  forth  of  the  castle  with  sixteen  persons  only,  and 
entering  the  back  of  his  new  lodging,  which  was  not  then 
finished,  played  with  muskets  upon  the  street,  so  as  he  forced 
them  to  quit  the  same.  The  townsmen  and  others,  upon  this 
taking  courage,  gathered  together  and  put  the  enemy  to 
flight,  pursuing  them  so  hotly  as  they  were  constrained  to 
quit  their  prisoners,  and  some  to  render  themselves  to  those 
they  were  leading  captive.     The  regent,  who  was  Wormis- 


A.  D.   1571.]  CHURCH  OF  SCOTLAND.  165 

ton's  prisoner  (for  to  him  he  had  rendered),  being  carried  a 
little  without  the  port,  when  they  saw  the  rescue  coming, 
was  shot  by  Captain  Calder,  and  with  the  same  bullet  Worm- 
iston  (who  did  what  he  could  to  save  the  regent)  was 
stricken  dead. 

The  death  of  this  gentleman  was  much  regretted  of  both 
factions,  for  that  he  was  for  manly  courage  and  other  virtues, 
as  well  of  body  as  mind,  inferior  to  none  of  his  time.  There 
fell  at  this  time  on  the  regent's  side  some  twenty-four, 
amongst  whom  the  most  eminent  were  George  Ruthven, 
brother  to  the  Lord  Ruthveu,  and  Alexander  Stewart  of 
GarHes.  Of  the  other  side  as  many  were  slain,  and  divers 
taken  prisoners ;  amongst  whom  were  the  two  Captains  Bell 
and  Calder,  who  were  executed  as  traitors.  The  Lord 
Claud  with  the  earl  of  Huntly  and  the  rest  escaped,  and  had 
all  been  taken  if  there  had  been  horses  to  pursue  them ;  but 
the  borderers  that  followed  Buccleuch,  men  accustomed  with 
such  practices,  had  emptied  the  stables  at  the  first  entry  into 
the  town.  It  was  certainly  a  bold  enterprise,  whereof  we 
will  not  find  many  the  like  in  story.  So  few  men  leaving 
their  strength  to  take  so  long  a  journey,  and  enter  upon  a 
town  full  of  enemies  (for  there  were  in  it  5000  able  and  reso- 
lute men  at  least,  besides  the  inhabitants),  was  a  great 
audaciousness ;  and  then  to  get  in  their  hands  the  chief  of 
theu'  adversaries,  whereby  they  were  once  in  a  possibiUty  to 
have  returned  absolute  victors  ;  yea  when  the  course  altered, 
to  have  saved  themselves  with  so  little  loss,  was  held  strange, 
and  made  the  enterprise  to  be  counted  no  less  fortunate  than 
it  was  bold  and  venturous. 

It  was  also  observed,  and  is  worth  the  reporting,  that  the 
young  king,  who  was  brought  from  the  castle  to  the  parlia- 
ment house  at  their  first  sitting,  after  a  short  speech  which 
they  had  put  in  his  mouth,  espying  in  the  table-cloth,  or,  as 
others  have  said,  in  the  toji  of  the  house,  a  little  hole,  cried 
out,  that  there  was  a  hole  in  the  parliament.  An  ominous 
speech,  and  so  interpreted  by  some  that  were  present,  which 
the  event  made  the  more  remarkable  ;  for  before  the  parlia- 
ment was  at  an  end  a  great  hole  was  made  in  it  by  the  death 
of  him  that  began  the  same.  The  regent,  though  his  wound 
was  mortal,  did  not  light  from  his  horse  till  he  came  to  the 
castle.     By  the  way  when  his  friends  did  encourage  him,  he 


166  THE  HISTORY  OF  THE  [a.  D.  1571. 

still  answered,  if  the  babe  be  well  (meaning  the  king)  all  is 
well :  and  being  laid  in  bed  and  his  wound  dressed,  after 
they  had  told  him  that  his  bowels  were  cut,  calling  the  no- 
bility he  spake  unto  them  a  few  words  to  this  effect : — 

"  I  am  now,  my  lords,  to  leave  you,  at  God  his  good  pleasure, 
and  to  go  into  a  world  where  is  rest  and  peace.  Ye  know 
it  was  not  my  ambition,  but  your  choice,  that  brought  me  to 
the  charge  I  have  this  while  sustained ;  which  I  undertook 
the  more  wiUingly,  that  I  was  persuaded  of  your  assistance 
in  the  defence  of  the  infant  king,  whose  protection  by  nature 
and  duty  I  could  not  refuse.  And  now,  being  able  to  do  no 
more,  I  must  commend  him  to  Almighty  God,  and  to  your 
care,  entreating  you  to  continue  in  the  defence  of  his  cause 
(wherein  I  do  assure  you  in  God's  name  of  your  victory),  and 
make  choice  of  some  worthy  person,  fearing  God  and  affec- 
tionate to  the  king,  to  succeed  unto  my  place.  And  I  must 
likewise  commend  unto  your  favour  my  servants,  who  never 
have  received  benefit  at  my  hands,  and  desire  you  to  re- 
member my  love  to  my  wife  Meg  (so  he  was  accustomed  to 
call  her),  whom  I  beseech  God  to  comfort."  This  said,  he 
took  leave  of  them  all  one  by  one,  requesting  them  to  assist 
him  with  their  prayers,  in  which  he  himself  continued  some 
hours,  and  so  most  devoutly  ended  his  life.  A  man  he  was 
of  noble  qualities,  tried  with  both  fortunes,  and  if  he  had 
enjoyed  a  longer  and  more  peaceable  time,  he  had  doubtless 
made  the  kingdom  happy  by  his  government. 

It  is  time  that  we  return  to  the  Church,  and  consider  what 
the  estate  thereof  was  amidst  the  civil  dissensions.  In  the 
countries  where  the  queen's  faction  ruled,  the  ministers  in 
their  prayers  did  always  recommend  the  queen  as  sovereign, 
serving  the  affection  of  those  that  commanded  in  the  bounds, 
albeit  the  Assembly  of  the  Church  had  otherwise  appointed. 
John  Knox,  as  we  showed,  had  left  the  town  of  Edinburgh, 
and  was  gone  to  St  Andrews,  where  he  had  strong  opposi- 
tion made  him  by  Mr  Arcliibald  and  Mr  John  Hamilton, 
professors  of  philosophy  in  the  new  college,  who  stood  fast 
to  the  queen's  cause,  and  drew  many  of  the  students  after 
them.  This,  together  with  the  grief  he  conceived  of  the 
present  troubles,  did  cast  him  in  a  sickness,  whereof  he  never 
perfectly  recovered.  And  at  this  time  hearing  that  the  As- 
sembly of  the  Church  was  met  at  Stirling,  he  sent  unto  them 


A.  D.  1571.]  CHURCH  OF  SCOTLAND.  167 

a  letter,  which  I  thought  worthy  to  bo  here  insert :  it  was 
as  followeth.  "  Because  the  daily  decay  of  natural  strength 
doth  threaten  me  with  a  certain  and  sudden  departing  from 
the  misery  of  this  life,  I  exhort  you,  brethren,  yea  in  the 
fear  of  God  I  charge  you,  to  take  heed  to  yourselves  and  to 
the  flock  over  which  God  hath  placed  you  ministers.  What 
your  behaviom*  should  be,  I  cannot  now,  nor  have  I  need,  as 
I  think,  to  express ;  but  to  charge  you  to  be  faithful,  1  dare 
not  forget.  And  unfaithful  ye  shall  be  counted  before  the 
Lord  Jesus,  if  with  your  consent,  directly  or  indirectly,  you 
suffer  unworthy  men  to  be  thrust  into  the  ministry  of  the 
Church,  under  whatsoever  pretext.  Remember  the  judge 
before  whom  we  must  give  account,  and  flee  this  as  ye  would 
eschew  hell-fire.  This  will  be  a  hard  battle  I  grant,  but 
there  is  a  second  will  be  harder,  that  is,  to  withstand  the 
merciless  devourers  of  the  Church-patrimony.  If  men  will 
spoil,  let  them  do  it  to  their  own  peril  and  condemnation ; 
but  communicate  not  ye  with  their  sins,  of  what  estate  soever 
they  be,  neither  by  consent  nor  silence,  but  with  public  pro- 
testation make  known  to  the  world  that  ye  are  innocent  of 
such  robbery,  and  that  ye  will  seek  redress  thereof  at  the 
hands  of  God  and  man.  God  give  you  wisdom,  strength, 
and  courage  in  so  good  a  cause,  and  me  a  happy  end.  From 
St  Andrews  the  tliirteenth  of  August  1571." 

In  this  meeting  the  churchmen  began  to  think  somewhat 
more  seriously  of  the  policy  of  the  Church  than  before ;  for 
the  first  draught  being  neither  liked  universally  among  them- 
selves, nor  approved  by  the  council,  they  saw  it  needful  to 
agree  upon  a  certain  form  of  government  that  might  con- 
tinue. Unto  this  time  the  Church  had  been  governed  by 
superintendents  and  commissioners  of  countries,  as  they  were 
then  named.  The  commissioners  were  alterable,  and  were 
either  changed  or  had  their  commissions  renewed  in  every 
Assembly.  The  superintendents  held  their  office  during  life, 
and  their  power  was  episcopal ;  for  they  did  elect  and  oi*- 
dain  ministers,  they  presided  in  synods,  and  directed  all 
church  censures,  neither  was  any  excommunication  pro- 
nounced without  their  warrant.  They  assigned  the  stipends 
of  ministers,  directing  the  collectors  (who  were  then  chosen 
by  the  General  Assembly)  to  distribute  the  thirds  of  benefices 
amongst  them,  as  they  thought  convenient.     If  any  surplus- 


168  THE  HISTORY   OF  THE  [a.  I>.   1571. 

age  was  found  in  the  accounts,  the  same  was  given  by  their 
appointment  to  the  supply  of  the  public  state ;  and  in  such 
respect  were  they  with  all  rjien,  as,  notwithstanding  the  dis- 
sensions that  were  in  the  country,  no  exception  was  taken  at 
their  proceedings  by  any  of  the  parties,  but  all  concurred  to 
the  maintenance  of  religion,  and  in  the  treaties  of  peace  made, 
that  was  ever  one  of  the  Articles  ;  such  a  reverence  was  in 
those  times  carried  to  the  Church,  the  very  form  of  govern- 
ment purchasing  them  respect.  But  the  Church  considering 
that  things  could  not  long  continue  in  that  estate,  the  super- 
intendents being  grown  in  years,  and  most  of  them  serving 
upon  their  own  charges,  which  burden  it  was  not  to  be  hoped 
others,  when  they  were  gone,  would  undergo,  thought  meet 
to  intercede  with  the  regent  and  Estates,  for  establishing 
a  sure  and  constant  order  in  providing  men  to  those  places 
when  they  should  fall  void,  and  setthng  a  competent  moyen 
for  their  entertainment.  To  this  effect  commission  was  given 
to  the  superintendents  of  Lothian,  Fife,  and  Angus,  and  with 
them  were  joined  Mr  David  Lindsay,  Mr  Andrew  Hay, 
Mr  John  Row,  and  Mr  George  Hay.  These  were  appointed 
to  attend  the  parliament,  and  deal  with  the  regent  and 
Estates,  that  some  course  might  be  taken  in  that  business. 
But  the  regent's  death  and  the  troubles  which  thereupon  en- 
sued made  all  to  be  continued  for  that  time. 

The  regent's  funerals  performed  with  such  solemnity  as 
the  time  would  suffer,  and  his  corpse  interred  in  the  chapel  of 
the  castle  of  Stirling,  the  next  care  was  for  choosing  a  gover- 
nor in  his  place.  Archibald  earl  of  Argyle  (who  was  then 
returned  to  the  king's  obedience),  James  earl  of  Morton,  and 
John  earl  of  Mar  being  put  in  htes,  the  voices  went  with  the 
earl  of  Mar.  The  fifth  of  September  the  election  was  made, 
after  which  the  parliament  went  on  ;  wherein,  besides  the 
confirmation  of  the  regency,  certain  other  acts  passed  in 
favours  of  those  that  should  happen  to  be  slain  in  defence  of 
the  king  his  authority.  And  the  regent  bending  all  his 
thoughts  to  the  besieging  of  Edinburgh,  brought  an  army 
thither  about  the  midst  of  October,  with  nine  pieces  of 
artillery  taken  forth  of  the  castle  of  Stirling.  Having  battered 
the  walls  of  the  town  on  the  south  side,  but  to  small  purpose, 
because  of  the  ramparts  and  ditches  which  the  defendants 
had  cast  up  within,  he  retired  himself  and  his  army  to  Leith. 


A.  D.  1571.]  CHURCH  OF  SCOTLAND.  169 

The  rest  of  the  winter  was  spent  in  light  skirmishes,  wherein 
none  of  the  parties  did  suffer  any  great  loss.  They  in 
Edinburgh  had  the  advantage  ;  for  the  castle  being  situated 
in  a  high  place,  and  having  a  long  prospect  into  all  the  parts 
about,  gave  them  warning  by  a  certain  sign  when  their 
enemies  did  issue  forth,  so  as  seldom  they  came  to  handy- 
strokes  :  once  only  it  happened  that  in  an  ambush  laid  by 
them  of  Leith,  two  captains,  Hackerton  and  Michell,  who 
served  the  lords  in  Edinburgh,  with  sixty  of  their  companies, 
were  taken  prisoners.  This  made  them  of  Edinburgh  more 
circumspect  in  their  outgoing  ever  after  that  time. 

In  the  north  parts,  Adam  Gordon  (who  was  deputy  for 
his  brother  the  earl  of  Huntly)  did  keep  a  great  stir,  and, 
under  colour  of  the  queen's  authority,  committed  divers  op- 
pressions, especially  upon  the  Forbeses.  Arthur  Forbes, 
brother  to  the  Lord  Forbes  (commonly  called  Black  Arthur), 
a  man  both  of  wisdom  and  courage,  had  from  the  beginning 
of  the  civil  wars  always  followed  the  king's  party,  and  was 
at  that  time  labouring  to  pacify  quarrels  amongst  those  of 
his  name  (for  they  were  striving  still  one  with  another),  that 
they  might  be  the  more  able  to  withstand  their  enemies. 
In  end  he  prevailed  so  far,  as  he  brought  his  friends  to  con- 
descend upon  a  time  and  place  of  meeting  for  taking  up  their 
controversies,  and  binding  them  together  in  a  sure  friendship. 
Adam  Gordon  smelling  his  purpose,  and  fearing  the  conse- 
quence of  it,  used  many  policies  to  keep  them  still  divided ; 
but  when  he  perceived  the  meeting  would  keep,  he  resolved 
to  come  unto  the  place,  and  one  way  or  other  to  impede  the 
agreement.  At  his  coming  he  found  them  treating  upon 
matters,  and  standing  in  two  companies  a  good  space  one 
from  another,  and,  as  if  he  had  been  ignorant  of  the  purpose, 
sent  to  inquire  wherefore  they  made  such  convocations. 
They  answered,  that  they  were  doing  some  private  affairs, 
wherein  he  had  no  interest.  And  being  commanded  to 
separate  and  return  to  their  houses,  they  refused ;  whereupon 
he  invaded  them,  and  falling  on  that  part  where  Arthur 
Forbes  stood,  in  the  very  joining  killed  him.  The  rest  see- 
ing him  fall  took  the  flight,  and  in  the  chase  many  were  slain ; 
they  reckon  a  hundred  and  twenty  to  have  died  at  that  time. 
Not  long  after,  he  sent  to  summon  the  house  of  Towy  per- 
taining to  Alexander  Forbes.     The  lady  refusing  to  yield 


170  THE  HISTORY  OF  THE  [a.  D.  1571. 

without  direction  from  her  husband,  he  put  fire  unto  it,  and 
burnt  her  therein,  with  her  children  and  servants,  being 
twenty-seven  persons  in  all.  This  inhuman  and  barbarous 
cruelty  made  his  name  odious,  and  stained  all  his  former 
doings ;  otherwise  he  was  held  both  active  and  fortunate  in 
his  enterprises. 

The  Lord  Forbes  having  escaped  in  the  conflict,  came  to  the 
regent,  and  complained  for  a  present  supply.  He  had 
granted  to  him  two  hundred  footmen  under  the  conduct  of 
two  captains,  Chisholm  and  Wedderburn,  with  letters  to  the 
noblemen  of  the  country  that  lay  adjacent  to  assist.  Forbes 
gathering  his  friends,  and  thinking  himself  strong  enough 
with  the  supply  he  had  obtained,  made  out  to  search  and 
pursue  his  enemies.  Adam  Gordon  lay  then  at  Aberdeen, 
and  being  advertised  that  the  Forbeses  were  drawing  near 
to  the  city,  he  went  forth  to  meet  them.  The  encounter  at 
the  beginning  was  sharp  and  furious ;  but  the  Forbeses  were 
young  men,  for  the  greatest  part,  of  small  experience,  and  not 
under  command ;  and  the  soldiers  not  being  well  seconded  by 
them,  after  they  had  fought  a  wliile,  gave  over  and  yielded. 
The  slaughter  was  not  great,  for  the  conflict  happened  in  the 
evening,  which  helped  many  to  escape.  Captain  Chisholm 
with  most  of  his  company,  and  some  fifteen  of  the  name  of 
Forbes,  were  killed  ;  the  master  of  Forbes  and  some  others 
were  taken  prisoners. 

This  good  success  of  the  queen's  party  in  the  north  gave 
hearts  to  all  the  faction,  and  now  they  began  everywhere  to 
take  new  courage.  In  the  south  the  lairds  of  Farniherst  and 
Buccleuch  did  assail  Jedburgh,  a  little  town,  but  very  con- 
stant in  maintaining  the  king's  authority.  Lord  Claud 
Hamilton  belayed  Paisley.  The  castle  of  Broughty  on 
the  river  of  Tay  was  surprised  by  Seaton  of  Parbroath. 
And  in  divers  other  parts,  troubles  were  raised  of  purpose  to 
divide  the  regent's  forces,  and  to  withdraw  him  from  Leith, 
that  the  town  of  Edinburgh,  which  was  then  in  some  scarcity 
of  victuals,  might  be  relieved. 

In  the  month  of  January  an  assembly  of  the  Church  con- 
vened at  Leith,  where,  after  great  instance  made  with  the  re- 
gent and  council  for  settling  the  policy  of  the  Church,  it  was 
agreed  that  six  of  the  council  and  as  many  of  the  Assembly 
should  be  selected  to  treat,  reason,  and  conclude  upon  that 


A,  D.  1571.]  CHURCH  OF  SCOTLAND.  171 

business.  For  the  council  James,  earl  of  Morton,  chancellor  ; 
William,  lord  Ruthven,  treasurer ;  Robert,  abbot  of  Dun- 
fermline, secretary  ;  Mr  James  INIacgill,  keeper  of  the  roUs  ; 
Sir  John  Bellenden,  justice-clerk ;  and  Colin  Campbell  of 
Glenorchy  were  named  ;  and  for  the  Church,  John  Erskine 
of  Dun,  superintendent  of  Angus  ;  Mr  John  Winraime,  su- 
perintendent of  Fife ;  Mr  Andrew  Hay,  commissioner  of 
Clydesdale  ;  Mr  David  Lindsay,  commissioner  of  the  west ; 
Mr  Robert  Pont,  commissioner  of  Orkney  ;  and  Mr  John 
Craig,  one  of  the  ministers  of  Edinburgh.  These  twelve 
convening,  after  divers  meetings  and  long  deliberation,  grew 
to  the  conclusions  following  : 

1.  That  the  archbishoprics  and  bishoprics  presently  void 
should  be  disponed  to  the  most  quaUfied  of  the  min- 
istry. 

2.  That  the  spiritual  jurisdiction  should  be  exerced  by  the 
bishops  in  their  dioceses. 

3.  That  all  abbots,  priors,  and  other  inferior  prelates,  who 
should  happen  to  be  presented  to  benefices,  should  be  tried 
by  the  bishop  or  superintendent  of  the  boimds,  concerning 
their  qualification  and  aptness  to  give  voice  for  the  Church 
in  parliament,  and,  upon  their  collation,  be  admitted  to 
the  benefice,  and  not  otherwise. 

4.  That  to  the  bishoprics  presently  void,  or  that  should 
happen  thereafter  to  fall,  the  king  and  the  regent  should 
recommend  fit  and  qualified  persons,  and  their  elections  to 
be  made  by  the  chapters  of  the  cathedral  churches.  And 
forasmuch  as  divers  of  the  chapters'  churches  were  pos- 
sessed by  men  provided  before  his  majesty's  coronation, 
who  bare  no  ofiice  in  the  Church,  a  particular  nomination 
should  be  made  of  ministers  in  every  diocese  to  supply 
their  rooms  until  the  benefices  should  fall  void. 

5.  That  all  benefices  of  cure  under  prelacies  should  be  dis- 
poned to  actual  ministers,  and  to  no  others. 

6.  That  the  ministers  should  receive  ordination  from  the 
bishop  of  the  diocese,  and  where  no  bishop  was  as  yet 
placed,  from  the  superintendent  of  the  bounds. 

7.  That  the  bishops  and  superintendents  at  the  admission 
of  ministers  should  exact  of  them  an  oath  for  acknowledg- 
ing his  majesty's  authority,  and  for  obedience  to  their 


172  THE  HISTORY  OF  THE  [a.  D.  1571. 

ordinary  in  all  things  lawful,  according  to  the  form  then 
condescended. 

Order  also  was  taken  for  disposing  of  provostries,  college- 
churches  and  chaplainries,  and  divers  other  particulars  most 
profitable  for  the  Church,  as  in  the  records  extant  may  be 
seen  ;  which  were  all  ordained  to  stand  in  force  until  the 
king's  majority,  or  till  the  Estates  of  the  realm  should  other- 
wise appoint. 

In  August  thereafter,  the  Assembly  of  the  Church  meeting 
again  at  Perth,  report  was  made  of  these  conclusions,  and 
exception  taken  by  some  at  the  titles  of  archbishop,  dean, 
archdeacon,  chancellor,  and  chapter,  as  being  popish  and 
offensive  to  the  ears  of  good  Christians.  Whereupon  it  was 
declared,  that  by  using  these  titles  they  meant  not  to  allow 
of  popish  superstition  in  any  sort,  wishing  the  same  to  be 
changed  in  others  not  so  scandalous.  As  the  name  of  bishop 
to  be  hereafter  used  for  archbishop,  the  chapter  to  be  called 
the  bishop's  assembly,  the  dean  to  be  called  the  moderator  of 
the  said  assembly ;  and  for  the  titles  of  archdeacon,  chancel- 
lor, abbot,  and  prior,  that  some  should  be  appointed  to  con- 
sider how  far  these  functions  did  extend,  and  give  their 
opinion  for  the  interchange  thereof  with  others  more  agree- 
able to  the  word,  and  the  policy  of  the  best  reformed  churches, 
reporting  their  opinions  at  the  next  Assembly.  But  I  do 
not  find  that  any  such  report  was  made :  like  it  is  the  wiser 
sort  esteemed  there  was  no  cause  to  stumble  at  titles,  where 
the  oflace  was  thought  necessary  and  lawful.  A  protestation 
always  was  made,  that  they  received  these  articles  for  an 
interim,  till  a  more  perfect  order  might  be  obtained  at  the 
king  his  regent  and  the  nobility's  hands.  According  to 
these  conclusions,  Mr  John  Douglas,  provost  of  the  New 
College  of  St  Andrews,  was  provided  to  the  archbishopric  of 
that  see,  Mr  James  Boyd  to  the  archbishopric  of  Glasgow,, 
Mr  James  Paton  to  the  bishopric  of  Dunkeld,  and  Mr  Andrew 
Grahame  to  the  bishopric  of  Dunblane. 

About  the  end  of  January,  the  regent,  advertised  of  the 
peril  wherein  the  town  of  Jedburgh  stood,  and  of  the  great 
preparation  that  Faruiherst  and  Buccleuch  made  to  surprise 
it,  (for  they  had,  besides  their  own  forces,  drawn  all  the  people 
of  Esk,  Ewes,  and  Liddesdale  to  join  with  them,  in  hope  of 


A.  D.  1572.]  CHURCH  OF  SCOTLAND.  173 

spoil,  and  from  the  English  borders  divers  that  were  given 
to  robbery,  to  the  number  of  three  thousand  and  above,)  sent 
the  Lord  Ruthven  with  some  forces  to  defend  them.  Before 
his  coming,  Walter  Ker  of  Cessford,  a  man  of  good  worth, 
who  had  ever  assisted  the  kmg's  party,  was  joined  with  them. 
Their  enemies  not  the  less  esteeming  themselves  strong- 
enough  by  reason  of  their  numbers,  went  forwards  with  an 
assurance  of  victory.  The  Lord  Ruthven  having  notice 
given  him  by  the  way  of  their  diet,  and  the  time  they  had 
appointed  to  invade  the  town,  did  use  the  more  speed,  and 
came  in  sight  thereof  just  as  the  enemies  appeared.  They, 
fearing  to  be  enclosed  betwixt  the  town  (who  showed  them- 
selves in  the  fields  ready  to  fight),  and  the  forces  the 
Lord  Ruthven  brought  with  him,  did  presently  retire  and 
give  back.  Farniherst  and  Buccleuch  went  to  Hawick,  and 
were  followed  the  next  day  by  the  Lord  Ruthven,  who  came 
upon  them  so  unlooked  for,  as  they  were  cast  into  a  great 
fear.  The  principals  that  had  horses  fleeing  away,  the  rest 
betook  them  to  a  little  bush  of  wood,  where,  being  en- 
vironed on  all  sides,  they  yielded  at  discretion.  The  pri- 
soners were  many,  of  whom  some  few  were  retained  as 
pledges,  and  the  rest  dimitted  upon  promise  to  enter  them- 
selves at  a  certain  day.  The  rest  of  the  winter  and  all  the 
next  spring  was  spent  in  hght  skirmishes,  with  small  loss  on 
either  side ;  for  they  of  the  queen's  faction  did  seldom  come 
to  the  open  fields,  or  if  they  showed  themselves  at  any  time, 
upon  the  first  onset  thej  took  the  flight,  and  retired  to  the 
town. 

Whilst  matters  did  thus  proceed  in  the  queen  of  Scots' 
quarrel  at  home,  the  bishop  of  Ross  in  England  renewed  the 
purpose  of  marriage  with  the  duke  of  Norfolk,  and  practised 
with  divers  for  setting  the  queen  at  liberty.  This  being 
discovered,  the  duke  was  committed  to  the  Tower  of  London, 
and  being  arraigned  at  Westminster  Hall  the  sixteenth  of 
January,  was  convicted  of  treason  and  condemned  to  die,  yet 
was  the  execution  delayed  to  the  June  after.  The  bishop  of 
Ross,  called  also  in  question,  defended  himself  by  the  privi- 
leges of  his  ambassage,  saying,  "  That  he  had  done  nothing 
but  what  his  place  and  duty  tied  him  unto,  for  procuring  the 
liberty  of  his  princess ;  and  that  he  came  unto  England  with 
sufficient  authority,  which  he  had  showed,  and  was  at  the 


174  THE  HISTORY  OF  THE  [a.  D,  1572. 

time  accepted."  When  it  was  replied,  "  That  the  privileges 
of  ambassadors  could  not  protect  them  who  did  offend  against 
the  majesty  of  the  prince  they  were  sent  unto,  and  that  they 
were  not  to  be  reputed  other  than  enemies  who  practised 
rebelUon  against  the  state:"  he  answered,  "  That  he  had 
neither  raised  nor  practised  rebellion ;  but  perceiving  the 
adversaries  of  his  princess  countenanced,  and  her  out  of  all 
hope  of  hberty,  he  could  not  abandon  his  sovereign  in  her 
afihction,  but  do  his  best  to  procure  her  freedom.  And  that 
it  would  never  be  found  that  the  privileges  of  ambassadors 
were  violated  via  juris,  by  course  of  law,  but  only  viafacti, 
by  way  of  fact,  which  seldom  had  a  good  success."  After 
long  altercation,  he  was  sent  to  the  Isle  of  Ely,  and  from 
thence  brought  and  imprisoned  in  the  Tower,  where  he  re- 
mained nigh  two  years.  Some  ten  days  after  Norfolk's 
execution,  the  queen  of  England  directed  certain  of  her 
council  to  the  queen  of  Scots,  to  expostulate  with  her  for 
making  suit  to  the  pope  and  king  of  Spain,  and  for  receiving 
letters  from  the  pope,  together  with  a  sentence  declaratory 
published  against  herself ;  whereunto  (after  protestation  that 
she  was  a  free  queen  and  subject  to  none)  she  answered, 
"  That  she  had  indeed  by  letters  solicited  both  the  pope  and 
king  of  Spain  for  restoring  her  unto  her  kingdom,  which  was 
no  prejudice  to  the  queen  of  England,  that  she  had  received 
godly  and  consolatory  letters  from  the  pope.  But  for  the 
sentence  given  by  him,  she  never  knew  thereof  till  a  printed 
copy  was  brought  unto  her,  which  after  she  had  read  she  did 
cast  into  the  fire."  These  answers  did  not  satisfy  the  queen 
of  England,  who  having  understood  that  she  had  entered  in 
a  secret  confederacy  with  the  Spaniard,  kept  her  from  that 
time  in  a  more  strict  custody  than  before. 

Yet,  at  the  request  of  the  French  king,  she  sent  of  new 
Sir  WiUiam  Drury  into  Scotland  to  treat  for  peace ;  and  if 
that  could  not  be  wrought,  to  procure  a  cessation  of  arms  for 
a  certain  space.  But  he  prevailed  nothing,  the  wars  being 
then  very  hot,  and  the  parties  mightily  incensed  against 
others.  No  quarters  were  given,  nor  interchange  of  prisoners 
made,  but  all  that  were  taken  on  either  side  presently  exe- 
cuted. This  device  was  held  to  proceed  from  the  earl  of 
Morton,  who  thought  the  troubles  would  not  hastily  cease  if 
a  greater  severity  were  not  used  towards  them  who  withstood 


A.  D.  1572.]  CHURCH  of  Scotland.  175 

the  king's  autliority.  But  whose  device  soever  it  was,  it 
proved  exceeding  hateful.  The  common  sort  taking  it  to 
have  come  of  Morton,  called  the  wars  of  that  time  the 
Douglas'  wars.  This  form  of  doing  continued  from  the 
sixteenth  of  April  to  the  eighth  of  June  ;  at  which  time  both 
parties,  wearied  of  execution  daily  made,  were  content  to 
cease  from  such  rigour,  and  use  fair  wars,  as  in  former  times. 
In  the  north,  Adam  Gordon,  after  the  Forbeses  were  de- 
feated, found  no  resistance,  and  following  his  fortune,  reduced 
all  beyond  the  river  of  Dee  to  the  queen's  obedience.  To 
impede  his  proceedings  (for  he  had  entered  then  into  the 
country  of  Mearns,  and  was  besieging  the  house  of  William 
Douglas  of  Glenbervie)  the  regent  directed  the  earl  of  Craw- 
ford and  Buchan,  with  the  Lord  Glammis,  and  master  of 
Marshal.  These  noblemen  meeting  at  Brechin,  and  waiting- 
there  till  their  forces  should  assemble,  Adam  Gordon  came 
upon  them  in  the  night,  and  killing  the  watches  that  were 
placed  at  the  bridge  on  the  north  side  of  the  town,  had  very 
nigh  taken  them  all  in  bed  :  but  they,  wakened  by  the  noise 
of  the  trumpets,  escaped.  Many  were  taken  prisoners,  and 
some  thirty-nine  persons  slain  within  the  city.  This  done,  he 
besieged  the  town  of  Montrose,  and  forced  them  to  pay  a 
great  sum  of  money  ;  which  put  the  town  of  Dundee  in  such 
fear,  as  they  were  driven  to  seek  aid  of  their  neighbours  in 
Fife. 

At  the  same  time  the  castle  of  Blackness,  a  fort  on  the 
south  side  of  the  river  of  Forth,  was  sold  by  the  keeper  to 
the  Hamiltons,  and  thereby  the  navigation  betwixt  Leith 
and  Stirling  barred.  At  Edinburgh  were  daily  skirmishes 
betwixt  them  and  the  companies  that  lay  at  Leith,  and  (which 
was  greatly  lamented  of  both  parties)  the  Lord  Methven 
killed  by  a  shot  of  cannon  from  the  castle.  The  duke  in  the 
meantime  having  proclaimed  a  justice-court  at  Hamilton, 
cited  divers  persons  within  the  sheriffdom  of  Renfrew  and 
Lennox  to  answer  to  certain  crimes  whereof  they  were  delated: 
the  regent  prepared  to  keep  the  diet,  and  leaving  the  earl  of 
Montrose  and  the  Lord  Lindsay  to  follow  the  service  at  Leith, 
took  journey  to  Glasgow,  and  from  thence  to  Hamilton.  But 
neither  the  duke  nor  any  in  his  name  appearing  to  hold  the 
court,  he  appointed  the  Lord  Sempill  lieutenant  in  those  west 
parts  for  the  king,  and  returned  to  Stirling. 


176  THE  HISTORY  OF  THE         [a.  D.  1572. 

He  had  intended  an  expedition  into  the  north,  but  upon 
advertisement  that  two  ambassadors  were  arrived  at  Leith, 
he  turned  thither ;  the  one  was  Monsieur  de  Croc,  employed 
by  the  French,  the  other  Mr  Randolph,  by  England,  who 
professed  both  of  them  to  be  sent  for  negotiating  a  peace 
amongst  the  parties ;  yet  was  it  thought  the  French  did  not 
much  affect  the  peace.  For  even  then  the  Lord  Fleming 
came  from  France  with  moneys  to  pay  the  soldiers  that  served 
the  lords  at  Edinburgh.  This  nobleman  some  ten  days  after, 
walking  in  the  street,  was  unliappily  wounded  in  the  knee  by 
the  shot  of  a  harquebuss,  whereof  he  died  the  sixth  of 
September.  As  to  the  queen  of  England,  howbeit  she  de- 
sired peace  to  be  made,  yet  she  would  have  it  in  such  manner 
as  both  factions  might  depend  on  her  ;  and  so  she  had  carried 
herself  in  all  the  late  treaties,  as  however  she  favoured  the 
king's  party  most,  the  other  faction  did  never  despair  of  her 
good  will. 

The  two  ambassadors  having  tried  the  minds  of  both  par- 
ties, they  found  them  more  tractable  than  they  expected,  and 
after  some  travail  taken  amongst  them,  obtained  a  cessation 
of  arms  for  the  space  of  two  months,  (continuing  from  the 
j&rst  of  August  to  the  first  of  October,)  upon  the  conditions 
following. 

1.  That  the  regent,  nobility,  and  all  other  subjects  of  the 
realm,  partakers  with  them  in  the  present  troubles,  should 
faithfully  promise  during  the  said  space  to  abstain  from  all 
hostility. 

2.  That  before  the  expiring  of  the  said  abstinence,  the  nobi- 
lity and  Estates  should  convene  and  advise  upon  the  best 
means  to  establish  a  final  peace ;  and  if  any  difficulty  should 
arise  in  the  said  treaty  which  amongst  themselves  could 
not  be  composed,  that  the  same  should  be  remitted  to  the 
determination  of  the  most  Christian  king  and  the  queen  of 
England. 

3.  That  the  town  of  Edinburgh  should  be  set  at  liberty,  and 
made  patent  to  all  the  subjects,  and  no  place  thereof  be 
withholden  or  fortified  with  garrisons,  the  castle  only  ex- 
cepted, which,  before  these  troubles  arose,  was  accustomed 
to  be  kept  and  guarded  with  soldiers. 

4.  That  all  the  subjects,  of  whatsoever  quaUty  and  condition; 


I 


A.  D.  1572.]  CHURCH  OF  SCOTLAND,  177. 

they  were,  should  freely  converse  together  without  trouble 
or  molestation  to  be  offered  them  by  word  or  deed,  except- 
ing such  as  should  be  found  guilty  of  the  murder  of  the 
king,  his  father,  and  regents,  the  thieves  and  broken  men 
of  the  borders  and  highlands,  with  the  disturbers  of  the 
pubhc  peace  betwixt  the  realms  of  Scotland  and  England ; 
none  of  which  should  be  comprised  in  the  present  absti- 
nence, but  remitted  to  the  trial  and  censure  of  the  common 
law,  and,  wheresoever  they  might  be  apprehended,  pre- 
sented to  underlie  the  same. 
5.  And  last,  because  there  were  divers  persons  who  in  the 
time  of  these  troubles  had  possessed  themselves  in  other 
men's  lands,  and  the  fruits  whereof  in  that  season  were  to 
be  collected  ;  to  the  effect  no  impediment  should  be  made 
to  the  peace  intended,  it  was  agreed  that  the  corns  and 
fruits  growing  upon  the  said  lands  should  be  gathered  and 
put  in  granges,  or  stalked  upon  the  fields,  and  not  applied 
to  any  private  use,  before  the  expiring  of  the  abstinence. 

These  articles  were  published  the  first  day  of  August  both 
at  Edinburgh  and  Leith,  and  the  same  day  the  duke  with 
the  earl  of  Huntly  and  their  followers  departed  from  Edin- 
burgh, leaving  the  town  free  and  patent,  as  was  agreed. 
This  beginning  of  peace  joyed  not  a  little  the  good  subjects, 
for  which  public  thanks  were  given  in  all  the  churches,  and 
solemn  prayers  made  for  the  continuance  and  perfection 
thereof.  At  this  time,  or  much  about  the  same,  the  earl  of 
Northumberland,  who  had  been  kept  a  long  time  at  Loch- 
leven,  was  delivered  by  the  earl  of  Morton  to  the  Lord 
Hunsdon,  governor  of  Berwick,  and  shortly  after  beheaded 
at  York,  Hereat  many  did  offend,  esteeming  the  fact  dis- 
honourable, and  a  discredit  to  the  whole  nation ;  others  did 
excuse  it  by  the  necessity  of  the  time,  and  the  inconvenience 
that  the  public  affairs  might  receive,  if  the  queen  of  England 
should  be  in  any  sort  displeased.  But  so  much  the  worse  it 
was  taken,  that,  as  the  rumour  went,  Morton  received  for  his 
dehvery  in  England  a  great  sum  of  money,  and  so  the  noble- 
man thought  rather  to  be  sold  than  dehvered. 

The  next  day  after  the  publication  of  the  abstinence,  the 
regent  and  nobiUty  adhering  to  the  king  did  enter  into  Edin- 
burgh, where  the  ambassadors,  after  thanks  given  them  for 

VOL.  n.  12 


178  THE  HISTORY  OF  THE  [a.  D.  1572. 

the  pains  they  had  taken,  were  courteously  dunitted.  It  was 
the  twenty -seventh  of  September,  some  three  days  only  before 
the  expiring  of  the  abstinence,  that  the  noblemen  did  meet 
(as  was  appointed)  to  consult  upon  the  means  of  a  perfect 
peace.  Whereupon  it  was  first  agreed  that  the  abstinence 
should  be  prorogated  unto  January  next.  After  that,  faUing 
to  treat  of  the  business  itself,  they  agreed  in  many  points, 
and  even  then  had  made  a  final  accord,  if  the  laird  of  Grange 
had  not  marred  the  same  with  his  petitions.  These  were  as 
followeth : — 

1.  He  craved  a  discharge  to  himself  and  all  that  were  in  the 
castle  of  all  things  which  they  or  any  of  them  had  com- 
mitted since  the  beginning  of  the  troubles,  and  that  all  acts, 
decrees,  and  sentences  pronounced  against  them,  either  in 
parliament,  secret  council,  or  before  the  justice-general  and 
his  deputies,  might  be  declared  null  and  of  no  effect. 

2.  That  they  should  be  repossessed  in  their  rooms,  heritages, 
and  possessions,  without  any  challenge  to  be  made  there- 
after of  the  same  by  whatsoever  person  or  persons. 

3.  That  the  heirs  of  the  Lord  Fleming,  the  laird  of  Wor- 
miston,  and  others  who  were  slain  in  the  queen's  cause, 
might  enter  to  their  heritages  and  rooms,  as  though  they 
had  never  been  forfeited. 

4.  That  the  castle  of  Edinburgh  should  be  consigned  in  the 
hands  of  the  earl  of  Rothes,  with  the  whole  furnishing, 
munition,  and  rent  belonging  thereto  ;  the  captain  making 
an  account  of  the  jewels  and  other  goods  which  he  received 
with  the  house ;  as  also  restoring  all  the  goods  of  the 
people  of  Edinburgh  that  were  put  in  his  custody,  which 
he  was  content  to  do,  he  being  freely  discharged  of  all, 
and  secured  by  act  of  parUament. 

5.  That  the  castle  of  Blackness  should  be  put  in  the  keeping 
of  some  one  of  their  side,  and  the  rents  appertaining  thereto 
assigned  for  the  entertainment  of  a  garrison  witliin  the  same. 

6.  In  respect  of  the  great  debt  he  had  contracted  in  these 
wars,  he  craved  the  sum  of  twenty  thousand  marks  to  be 
given  him  for  satisfying  his  creditors. 

7.  That  the  earl  of  Morton  should  resign  the  superiority  of 
the  lands  of  Grange  and  other  lands  annexed  thereto,  to 
be  holden  of  the  crown  in  all  time  coming. 


A.  D.  1572.]  CHURCH  OF  SCOTLAND.  179 

And  lastly,  that  the  lords  within  the  castle  might  be  licensed 
to  go  into  the  kingdom  of  France,  or  any  other  coimtry  they 
pleased  forth  of  Scotland ;  and  that  the  earl  of  Rothes 
should  be  surety  for  the  accompUshment  of  the  whole  pre- 
mises. 

These  articles  being  presented  to  the  regent  and  council, 
were  for  the  first  three  judged  reasonable  :  but  to  commit 
any  places  of  strength  to  others  than  those  who  had  constantly 
adhered  to  the  king,  they  esteemed  it  not  safe ;  and  to  give 
him  any  recompense  that  was  known  to  be  the  author  of  all 
the  last  troubles,  they  said  it  would  be  a  matter  of  ill  en- 
sample.  For  the  license  craved  to  those  of  the  castle  to  go 
out  of  the  country,  they  held  the  petition  very  suspicious, 
and  could  not  think  there  was  a  sound  meaning  in  them  that 
had  moved  the  same  :  yet  was  it  not  thought  meet  to  answer 
him  by  a  simple  denial  at  that  time,  but  rather  to  keep  him 
in  hope,  and  appoint  a  new  diet  for  pursuing  the  treaty  be- 
gun. Thus  by  consent  the  abstinence  was  prorogued,  and 
the  last  of  October  assigned  for  a  new  meeting  at  Perth. 

The  delay  grieved  the  regent  exceedingly,  and  (as  it  was 
supposed)  partly  for  this,  and  partly  for  the  crossings  he 
found  in  the  pubUc  affairs,  he  contracted  a  sickness,  whereof 
he  died  at  Stirling  the  eighth  of  October,  The  adversary 
faction,  flattering  themselves  in  their  own  conceits,  made  the 
like  construction  of  his  death  which  they  had  made  of  the 
other  regents  that  preceded,  saying,  "  That  it  was  an  evident 
sign  of  God's  displeasure  with  the  present  courses,  and  that 
none  of  those  who  joined  in  the  enterprise  against  the  queen 
could  prosper  better."  But  to  measure  God's  love  or  hatred 
by  these  outward  accidents  is  folly,  seeing  they  fall  out  alike 
to  all,  both  good  and  wicked :  and  for  this  nobleman,  howso- 
ever he  was  taken  away  to  the  country  untimely,  he  died 
happily  for  himself,  and  well  reported  of  all.  Before  his 
dying,  he  commended  the  care  of  the  king's  person  in  most 
earnest  manner  to  his  lady,  and  to  Alexander  Erskine  his 
brother,  appointing  him  keeper  of  the  castle  till  his  son  should 
be  grown  up  and  be  of  a  perfect  age ;  and  giving  most  wise 
directions  both  for  the  one  and  the  other,  ended  his  days  in 
great  quietness  and  in  the  assurance  of  that  better  life. 

In  the  next  month,  John  Knox,  who  had  returned  a  little 


180  THE  HISTORY   OF  THE  [a.  D.  1572. 

before  to  Edinburgh,  departed  tliis  life.  The  reader  will 
pardon  me  if  here  I  make  a  little  digression,  to  show  what  a 
man  this  was  both  in  his  life  and  death  ;  the  rather  because 
some  malicious  and  wicked  spirits  have  studied  by  many 
forged  hes  to  deprave  his  fame,  only  out  of  hatred  of  true 
religion,  whereof  he  was  a  zealous  promover.  He  was  born 
in  Gifford  within  Lothian,  of  a  mean,  but  honest,  parentage, 
and  being  put  to  school,  made  such  profit  in  his  studies  under 
that  famous  doctor,  Mr  John  Major,  as  he  was  held  worthy 
to  enter  into  orders  before  the  years  allowed.  By  reading 
the  ancients,  especially  the  works  of  St  Austin,  he  was 
brought  to  the  knowledge  of  the  truth,  and  for  the  profession 
thereof  endured  many  troubles,  as  well  in  the  cardinal's  life 
as  after  his  death.  Having  happily  escaped  these  dangers, 
he  went  mto  England,  and  became  a  preacher  of  the  gospel, 
making  his  chief  abode  in  the  towns  of  Berwick  and  New- 
castle. In  the  beginning  of  Queen  Mary's  persecution  he 
fled  in  the  company  of  some  other  ministers  to  Geneva,  and 
served  with  them  in  an  English  congregation,  which  was 
there  gathered,  until  the  year  1559 ;  at  which  time  he  was 
called  home  by  the  noblemen  that  enterprised  the  Reforma- 
tion, and,  how  soon  the  Church  got  liberty,  placed  minister 
at  Edinburgh :  in  this  charge  he  continued  to  his  last,  for 
the  civil  troubles  which  forced  him  to  leave  the  town  ceased 
no  sooner  than  he  returned  to  the  place.  But  his  body 
grown  infirm,  and  his  voice  so  weak  as  people  could  not  hear 
him,  teaching  in  the  ordinary  place,  he  made  choice  of  an- 
other more  commodious  within  the  town,  reading  to  his  audi- 
tory the  history  of  the  Passion,  in  which  he  said  it  was  his 
desire  to  finish  and  close  his  ministry.  Thus  he  continued 
preaching,  though  with  much  weakness,  two  months  and 
more  after  his  return ;  and  knowing  that  he  was  not  to  remain 
a  long  time  with  them,  he  was  instant  with  the  council  of  the 
town  to  provide  themselves  of  a  worthy  parson  to  succeed  in 
his  place.  Mr  James  Lawson,  who  at  that  time  professed 
philosophy  in  the  college  of  Aberdeen,  being  commended  for 
a  good  preacher,  commissioners  were  directed  from  the 
superintendent  of  Lothian,  the  church  of  Edinburgh,  and 
Mr  John  Knox  himself,  to  desire  him  to  accept  the  charge. 
To  the  letter  that  the  commissioners  carried,  after  he  had 
set  his  hand,  he  added  this  postscript, — Accelera,  mi  /rater, 


A.  D.  1572.]  CHURCH  OF  SCOTLAND.  181 

alioqui  sero  venies, — "  make  haste,  brother,  otherwise  you 
come  too  late  ; "  meaning  that  if  he  made  any  stay,  he  should 
find  him  dead  and  gone.  These  last  words  moved  Mr  Lawson 
to  take  journey  the  more  quickly.  When  he  was  come  to  the 
town,  and  had  preached  once  or  twice  to  the  good  liking  of 
the  people,  order  was  taken  by  the  superintendent  for  his 
admission,  and  the  diet  appointed,  at  which  John  Knox  him- 
self would  be  present  and  teach,  though  he  could  scarce  walk 
on  foot  to  the  chair.  At  no  time  was  he  heard  to  speak  with 
greater  power  and  more  content  to  the  hearers  ;  and  in  the 
end  of  his  sermon,  calling  God  to  witness  that  he  had  walked 
in  a  good  conscience  amongst  them,  not  seeking  to  please 
men,  nor  serving  either  his  own  or  other  men's  affections,  but 
in  all  sincerity  and  truth  preached  the  gospel  of  Christ,  with 
most  grave  and  pithy  words  he  exhorted  them  to  stand  fast 
in  the  faith  they  had  received ;  and  having  conceived  a 
zealous  prayer  for  the  continuance  of  God's  blessings  upon 
them,  and  the  multiplying  of  his  spirit  upon  the  preacher 
who  was  then  to  be  admitted,  he  gave  them  his  last  farewell. 
The  people  did  convey  him  to  his  lodging,  and  could  not  be 
drawn  from  it,  so  loath  they  wore  to  part  with  him ;  and  he, 
the  same  day  in  the  afternoon,  by  sickness  was  forced  to 
take  bed. 

During  the  time  he  lay  (which  was  not  long)  he  was 
much  visited  by  all  sorts  of  persons,  to  whom  he  spake 
most  comfortably.  Amongst  others  to  the  Earl  of  Morton, 
that  came  to  see  him,  he  was  heard  say,  "  My  Lord, 
God  hath  given  you  many  blessings,  he  hath  given  you 
wisdom,  riches,  many  good  and  great  friends,  and  is  now 
to  prefer  you  to  the  government  of  the  realm.  In  his  name 
I  charge  you  that  you  use  these  blessings  aright,  and  better 
in  time  to  come  nor  ye  have  done  in  times  past.  In  all  your 
actions  seek  first  the  glory  of  God,  the  furtherance  of  his 
gospel,  the  maintenance  of  his  Church  and  ministry ;  and 
next  be  careful  of  the  king,  to  procure  his  good  and  the  wel- 
fare of  the  realm.  If  ye  shall  do  this,  God  will  be  with  you 
and  honour  you ;  if  otherwise  ye  do  it  not,  he  shall  deprive 
you  of  all  these  benefits,  and  your  end  shall  be  shame  and 
ignominy."  These  speeches  the  earl  nine  years  after,  at  the 
time  of  his  execution,  called  to  mind,  saying,  that  "  he  had 
found  them  to  be  true,  and  him  therein  a  prophet." 


182  THE  HISTORY  OF  THE  [a.  D.  1572. 

His  LAST  Speech  to  the  Ministers. 

A  day  or  two  before  his  death  he  sent  for  Mr  David 
Lindsay,  Mr  James  Lawson,  and  the  elders  and  deacons  of 
the  church,  to  whom  he  said,  "  the  time  is  approaching  for 
which  I  have  long  thirsted,  wherein  I  shall  be  relieved  of  all 
cares,  and  be  with  my  Saviour  Christ  for  ever.  And  now 
God  is  my  witness,  whom  I  have  served  Avith  my  spirit  in 
the  gospel  of  his  Son,  that  I  have  taught  nothing  but 
the  true  and  solid  doctrine  of  the  gospel,  and  that  the 
end  I  proponed  in  all  my  preaching  was,  to  instruct  the 
ignorant,  to  confirm  the  weak,  to  comfort  the  consciences 
of  those  who  were  humbled  under  the  sense  of  their  sins, 
and  bear  down  with  the  threatenings  of  God's  judgments 
such  as  were  proud  and  rebellious.  I  am  not  ignorant  that 
many  have  blamed,  and  yet  do  blame,  my  too  great  rigour 
and  severity ;  but  God  knows  that  in  my  heart  I  never 
hated  the  persons  of  those  against  whom  I  thundered  God's 
judgments;  I  did  only  hate  their  sins,  and  laboured  at  my 
power  to  gain  them  to  Christ.  That  I  forbear  none  of  what- 
soever condition,  I  did  it  out  of  the  fear  of  my  God,  who  had 
placed  me  in  the  function  of  his  ministry,  and  I  knew  would 
bring  me  to  an  account.  Now,  brethren,  for  yourselves  I 
have  no  more  to  say,  but  to  warn  you  that  you  take  heed  to 
the  flock  over  whom  God  hath  placed  you  overseers,  and 
whom  he  hath  redeemed  by  the  blood  of  his  only  begotten 
Son.  And  you,  Mr  Lawson,  fight  a  good  fight,  do  the  work 
of  the  Lord  with  courage  and  with  a  willing  mind ;  and  God 
from  above  bless  you,  and  the  church  whereof  you  have  the 
charge.  Against  it,  so  long  as  it  continueth  in  the  doctrine 
of  truth,  the  gates  of  hell  shall  not  prevail," 

This  spoken,  and  the  elders  and  deacons  dimitted,  he  called 
the  two  preachers  unto  him,  and  said,  "  there  is  one  thing 
that  grieveth  me  exceedingly ;  you  have  sometime  seen  the 
courage  and  constancy  of  the  laird  of  Grange  in  God's  cause, 
and  now,  unhappy  man,  he  hath  cast  himself  away.  I  will 
pray  you  two,  take  the  pains  to  go  unto  him,  and  say  from 
me,  that  unless  he  forsake  that  wicked  course  wherein  he  is 
entered,  neither  shall  that  rock  in  which  he  confideth  defend 
him,  nor  the  carnal  wisdom  of  that  man  whom  he  coimteth 
half  a  god  (this  was  young  Lethington)  make  him  help,  but 
shamefully  he  shall  be  pulled  out  of  that  nest,  and  his  carcass 


A.  D.  1572.]  CHURCH  OF  SCOTLAND.  183 

hang  before  the  sun.  The  soul  of  that  man  is  dear  unto  me, 
and,  if  it  be  possible,  I  would  fain  have  him  to  be  saved." 
They  went  as  he  had  desired,  and  conferred  a  long  space 
with  Grange,  but  with  no  persuasion  could  he  be  diverted 
from  his  course ;  which  being  reported  he  took  most  heavily. 
The  next  day  he  gave  orders  for  making  his  coffin,  wherein 
his  body  should  be  laid,  and  was  that  day  (as  through  all  the 
time  of  his  sickness)  much  in  prayer,  ever  crying,  "  Come, 
Lord  Jesu;  sweet  Jesus,  into  thy  hands  I  commend  my 
spirit."  Being  asked  by  those  that  attended  him  if  his  pains 
were  great,  he  answered,  "  that  he  did  not  esteem  that  a  pain 
which  would  be  to  him  the  end  of  all  trouble,  and  beginning 
of  eternal  joys."  Oftentimes,  after  some  deep  meditations, 
he  burst  forth  in  these  words  ;  "  O  serve  the  Lord  in  fear, 
and  death  shall  not  be  terrible  unto  you.  Blessed  is  the 
death  of  those  that  have  part  in  the  death  of  Jesus."  The 
evening  which  was  to  him  the  last  of  this  wretched  Hfe, 
having  slept  some  hours  together,  but  with  great  unquiet- 
ness  (for  he  was  heard  to  send  forth  many  sighs  and  groans), 
Robert  Campbell,  Kinyeancleugh,  and  John  Johnston  (called 
of  Elphingston),  which  two  gave  diligent  attendance  upon  him, 
asked  after  he  awaked  how  he  did  find  himself,  and  what  it 
was  that  made  him  in  his  sleep  mourn  so  heavily :  to  whom 
he  answered,  "  in  my  life  I  have  often  been  assaulted  by 
Satan,  and  many  times  he  hath  cast  in  my  teeth  my  sins,  to 
bring  me  into  despair,  yet  God  gave  me  to  overcome  all  his 
temptations  ;  and  now  that  subtle  serpent,  who  never  ceaseth 
to  tempt,  hath  taken  another  course,  and  seeks  to  persuade 
me  that  my  labours  in  the  ministry,  and  the  fidelity  I  have 
showed  in  that  service,  hath  merited  heaven  and  immortahty. 
But  blessed  be  God  who  brought  to  my  mind  these  scrip- 
tures, '  What  hast  thou,  that  thou  hast  not  received  V  and, 
'  Not  I,  but  the  grace  of  God  in  me.'  With  which  he  is  gone 
away  ashamed,  and  shall  no  more  return ;  and  now  I  am 
sure  my  battle  is  at  an  end,  and  that  without  pain  of  body  or 
trouble  of  spirit  I  shall  shortly  change  this  mortal  and  miser- 
able life,  with  that  happy  and  immortal  life  which  shall  never 
have  end."  The  prayers  which  ordinarily  were  read  in 
the  house  being  ended,  it  was  inquired  if  he  heard  them,  he 
answered,  "  would  to  God  you  had  heard  them  with  such  an 
ear  and  heart  as  I  have  done  ;"  adding,  "  Lord  Jesu,  receive 
my  spirit."     After  which  words,  without  any  motion  of  hands 


184  THE  HISTORY  OF  THE  [a.  D.  1572. 

or  feet,  as  one  falling  asleep  rather  than  dying,  he  ended  his 
life.  He  was  certainly  a  man  endued  with  rare  gifts,  and  a 
chief  instrument  that  God  used  for  the  work  of  those  times. 
Many  good  men  have  disliked  some  of  his  opinions,  as  touch- 
ing the  authority  of  princes,  and  the  form  of  government 
which  he  laboured  to  have  established  in  the  Church :  yet 
was  he  far  from  those  dotages  wherein  some  that  would  have 
been  thought  his  followers  did  afterwards  fall;  for  never 
was  any  man  more  observant  of  church  authority  than  he, 
always  urging  the  obedience  of  ministers  to  their  superin- 
tendents, for  which  he  caused  divers  acts  to  be  made  in  the 
Assemblies  of  the  Church,  and  showed  himself  severe  to  the 
transgressors.  In  these  things  howsoever  it  may  be  he  was 
miscarried,  we  must  remember  that  the  best  men  have  their 
errors,  and  never  esteem  of  any  man  above  that  which  is 
fitting.  As  to  the  history  of  the  Church  ascribed  commonly 
to  him,  the  same  was  not  his  work,  but  his  name  supposed  to 
gain  it  credit :  for,  besides  the  scurrile  discourses  we  find  in 
it,  more  fitting  a  comedian  on  a  stage  than  a  divine  or  mini- 
ster, such  as  Mr  Knox  was,  and  the  spiteful  malice  that 
author  expresseth  against  the  queen  regent,  speaking  of  one 
of  our  martyrs,  he  remitteth  the  reader  to  a  farther  declai'a- 
tion  of  his  sufferings  to  the  Acts  and  Monuments  of  Martyrs 
set  forth  by  Mr  Fox,  an  Englishman,  which  came  not  to 
light  some  ten  or  twelve  years  after  Mr  Knox  his  death.  A 
greater  injury  could  not  be  done  to  the  fame  of  that  worthy 
man,  than  to  father  upon  him  the  ridiculous  toys  and  mali- 
cious detractions  contained  in  that  book.  But  this  shall  serve 
for  his  clearing  in  that  particular.  He  died  the  twenty- 
seventh  of  November,  in  the  sixty-seventh  year  of  his  age, 
and  had  his  body  interred  in  the  churchyard  of  St  Giles. 

In  the  end  of  this  month  the  Estates  convening  to  elect  a 
regent,  made  choice  of  the  earl  of  Morton,  as  the  man  in 
that  time  of  greatest  courage  and  counsel.  The  oath  accus- 
tomed being  ministered  unto  him,  because  through  the  last 
regent's  death  the  meeting  appointed  at  Perth  had  failed, 
first,  a  conclusion  was  taken  for  calling  a  parliament  at  Edin- 
burgh, the  twenty- sixth  of  January  ;  next  the  custody  of  the 
king  and  castle  of  Stirling  was  confirmed  to  Alexander 
Erskine,  the  earl  of  Mar  being  then  under  age,  and  he  en- 
joined to  receive  none  within  the  house  that  was  known  to  be 
popishly  affected,  or  of  the  queen's  faction ;  for  others,  it  wa& 


A.  D.  1572.]  CHURCH  OF  SCOTLAND.  185 

ordained,  that  an  earl  accompanied  with  two  servants  only,  a 
baron  with  one,  and  private  persons  them  alone  (but  all  un- 
armed) should  have  access  permitted,  when  their  occasions 
required.  To  the  regent  himself  it  was  enjoined  :  "  That  if 
any  place  or  office  should  fall  void,  he  should  prefer  none 
thereto  but  such  as  was  sound  in  religion,  and  for  other 
qualities  apt  and  worthy.  That  during  liis  regency  he  should 
grant  no  respites  nor  remissions  for  heinous  crimes.  That  he 
should  not  transport  the  king  forth  of  the  castle  of  Stirling, 
without  the  advice  of  the  council.  That  he  should  grant  no 
favour  to  the  murderers  of  the  king's  father  and  regents. 
That  he  should  neither  enter  into  league  with  foreigners  nor 
denounce  war  without  the  consent  of  the  Estates.  And  that 
he  should  be  careful  to  entertain  the  amity  contracted  with 
the  queen  of  England."  The  Estates,  on  the  other  part,  did 
promise  to  assist  him  with  all  their  power  against  the  king's 
enemies,  and  to  join  with  him  in  the  reformation  of  what- 
soever abuses  crept  in  by  occasion  of  the  late  troubles,  with- 
out offending  at  the  execution  of  justice  upon  their  nearest 
and  dearest  friends.  Order  was  also  taken  for  the  entertain- 
ing of  the  king's  house,  the  settling  of  a  resident  council,  and 
the  advancing  of  the  revenues  of  the  crown  to  the  best  profit. 
And  these  were  the  things  done  in  that  meeting. 

Soon  after  came  Sir  Henry  KiUigrew,  ambassador  from 
England,  partly  to  declare  the  content  which  the  queen  had 
received  in  the  choice  of  the  earl  of  Morton  to  be  regent, 
and  partly  to  renew  the  abstinence  which  was  then  near  the 
exphing.  Herein  he  prevailed  so  far  with  the  duke  and 
Huntly,  as  they  were  brought  not  only  to  prorogate  the 
abstinence,  but  also  to  name  certain  noblemen  who  should  meet 
for  them  at  Perth,  with  such  as  the  regent,  by  advice  of  the 
council,  should  nominate,  for  concluding  a  perfect  peace.  The 
laird  of  Grange  and  those  that  remained  with  him  in  the 
castle  refusing  to  be  comprehended  in  that  treaty,  went  on 
in  victualling  and  fortifying  the  house  ;  for  impeding  whereof 
the  regent  did  levy  some  companies  of  soldiers  to  enclose  the 
castle ;  and  because  the  time  of  parliament  was  approaching, 
he  caused  erect  bulwarks  in  divers  places  of  the  street,  to 
secure  the  people  at  their  meetings  to  sermon,  and  the  judges 
that  convened  to  the  ministration  of  justice.  Grange,  finding 
himself  thus  pent  up,  did  by  a  proclamation  from  the  castle 


186  THE  HISTORY  OF  THE  [a.  D.  1572. 

wall  command  all  the  queen's  subjects  to  depart  forth  of  the 
town  within  the  space  of  twenty-four  hours. 

The  time  expired,  he  made  the  cannon  thunder  upon  the 
town,  to  the  great  terror  of  the  inhabitants ;  yet  there  was 
no  great  hurt  done  that  way,  which  when  he  perceived,  he 
hired  one  of  his  soldiers  to  set  fire  in  the  night-time  to  some 
houses  under  the  wall,  which  destroyed  a  number  of  tene- 
ments ;  for  a  strong  western  wind  blowing  in  the  time,  the 
fire  did  so  rage,  as  from  St  Magdalen's  Chapel  westward  all 
was  consumed,  none  daring  to  put  hand  to  quench  the  fire, 
because  of  the  cannon  that  played  still  on  the  part  where 
they  saw  any  concourse  of  people.  This  made  him  extremely 
hated,  and  even  they  that  otherwise  wished  him  well  were 
greatly  ofi"ended  with  this  doing. 

The  parliament  not  the  less  kept,  and  therein  divers  acts 
were  made,  partly  for  maintaining  the  king's  authority,  partly 
for  preservation  of  true  rehgion ;  which  causes  were  held  in 
those  days  so  conjoined,  as  the  enemies  of  the  one  were  hke- 
wise  esteemed  enemies  to  the  other.  Therefore  was  it  then 
enacted,  "  That  none  should  bo  reputed  loyal  and  faithful 
subjects  to  the  king  or  his  authority,  but  be  punished  as 
rebels,  who  made  not  profession  of  the  true  religion.  And 
that  all  such  as  made  profession  thereof,  and  yet  withstood 
the  king's  authority,  should  be  admonished  by  their  teachers 
to  acknowledge  their  ofPence,  and  return  to  his  majesty's 
obedience  ;  and  if  they  refused,  that  they  should  be  excom- 
municated, and  cut  off  from  the  society  of  the  Church,  as 
putrid  and  corrupted  members." 

The  parliament  breaking  up,  the  regent  by  advice  of  the 
council  directed  to  the  meeting  at  Perth,  the  earl  of  Argyle, 
then  created  chancellor,  the  earl  of  Montrose,  the  abbot  of 
Dunfermline  secretary,  the  Lords  Ruthven,  Boyd,  and  Sir 
John  Bellenden,  justice-clerk.  There  met  with  them  the 
earl  of  Huntly,  and  Lord  John  Hamilton,  commendator  of 
Aberbrothock,  authorized  by  the  rest  that  maintained  the 
queen's  authority.  The  English  ambassador  assisting  them, 
after  some  days'  conference  they  were  brought  to  agree  upon 
these  articles. 

1.  That  all  persons  comprehended  in  the  present  pacifica- 
tion should  acknowledge  and  profess  the  true  religion  esta- 


A.  D.  1572.]  CHURCH  or  SCOTLAND.  187 

blislied  and  professed  within  the  realm,  and  maintain  the 
preachers  and  professors  thereof  against  all  opposers,  specially 
against  the  confederates  of  the  Council  of  Trent. 

2.  That  the  earl  of  Huntly  and  Lord  John  Hamilton, 
with  their  friends  and  followers,  should  submit  themselves  to 
the  king,  and  to  the  government  of  the  earl  of  Morton,  his 
regent,  and  his  successors  in  the  same,  acknowledging  them- 
selves the  king's  subjects  by  their  oaths  and  subscriptions. 

3.  That  they  should  confess  all  things  done  by  them,  under 
colour  of  any  other  authority,  since  the  time  of  his  majesty's 
coronation,  to  have  been  unlawful,  and  of  no  force  nor  eiFect. 

4.  That  an  act  of  parliament  should  be  made  with  all  their 
consents,  ordaining  that  none  of  the  subjects  should  assist, 
fortify,  supply,  or  show  any  favour,  directly  nor  indirectly,  to 
those  who  should  happen  to  practise  against  the  religion 
presently  professed,  the  king's  person,  his  authority,  or 
regent :  And  if  they  should  be  tried  to  do  any  thing  to  the 
contrary,  the  remissions  granted  to  them,  with  all  other 
benefits  of  the  pacification,  should  be  null,  and  they  pursued 
for  their  offences  past,  as  if  they  had  never  obtained  pardon 
for  the  same. 

5.  That  all  persons  professing  his  highness'  obedience,  who 
had  been  dispossessed  during  the  late  troubles,  should  be 
reponed  to  their  houses,  lands,  livings,  benefices,  and  what- 
soever goods  belonging  to  them,  if  so  the  same  were  extant 
in  the  hands  of  the  intromitters ;  horses  and  armour  only 
excepted. 

6.  That  the  master  of  Forbes,  James  Glen  of  Barre,  and 
all  other  persons  should  be  sot  at  liberty ;  as  likewise  the 
bonds  given  by  the  Lord  Sempill  and  others  for  entry  of 
prisoners,  or  for  payment  of  any  ransoms,  be  discharged. 

7.  That  the  earl  of  Huntly  and  Lord  John  Hamilton 
should  dimit,  and  cause  all  soldiers  hired  or  maintained  by 
them  or  any  of  their  party  to  be  forthwith  dimitted. 

8.  That  all  processes  of  forfeiture  which  had  been  led, 
especially  the  sentences  given  against  the  earl  of  Huntly, 
Lord  John  Hamilton,  and  Lord  Claud  his  brother,  Wilham, 
bishop  of  Aberdeen,  Alexander,  bishop  of  Galloway,  Adam 
Gordon  of  Auchindown,  and  the  rest  of  their  friendship,  for 
any  crimes  or  offences  done  in  the  common  cause  against  the 
king  and  his  authority  since  the  fifteenth  of  June  1567,  or 


188  THE  HISTORY  OF  THE  [a.  D.   1572. 

for  any  other  cause  contained  in  the  summons  of  forfeiture 
raised  against  them,  should  be  declared  null  and  of  no  force, 
without  any  other  special  declaration.  And  that  the  foresaid 
persons  should  have  liberty  given  them  to  reduce  the  said 
forfeitures  as  they  should  please. 

9.  That  all  persons  then  returning  or  who  should  return 
to  the  king's  obedience,  and  for  any  crime  committed  in  the 
said  common  cause,  since  the  time  foresaid,  had  been  dispos- 
sessed of  their  lands,  heritages,  benefices,  pensions,  heritable 
offices  and  other  profits  whatsoever,  whether  the  same  had 
proceeded  upon  sentences  of  forfeiture  or  barratry,  or  any 
other  way,  should  be  effectually  restored,  and  rehabiliated  to 
their  bloods  and  honours ;  to  the  end  they  might  enjoy  the 
same  as  freely  as  if  tlie  said  troubles  had  never  happened. 

10.  That  all  actions,  crimes,  and  transgressions,  committed 
by  them  and  their  followers  since  the  fifteenth  of  June  1567 
(incest,  witchcraft,  and  theft  excepted),  should  be  freely  re- 
mitted, so  as  the  same  did  not  extend  to  the  murder  of  the 
first  and  second  regents,  which  are  matters  of  such  import- 
ance as  the  regent  now  in  place  would  not  meddle  with.  And 
yet  in  respect  of  the  present  pacification,  if  the  same  should 
be  moved  to  the  queen  of  England  by  the  committers  thereof, 
whatsoever  she  should  advise  to  be  done  therein  should  be 
confirmed  in  parliament,  and  the  remission  under  the  hand  of 
the  clerk  of  the  rolls  be  as  sufiicient  as  if  the  same  were 
passed  the  great  seal.  And  if  any  of  them  should  crave  a 
pardon  for  other  crimes  committed  before  the  said  fifteenth 
day,  the  same  (upon  notice  given  of  the  persons  and  crimes) 
should  be  granted;  the  murder  of  the  king's  father,  fire- 
raising,  theft,  and  the  reset  of  theft,  with  incest  and  witch- 
craft, being  excepted. 

11.  That  all  civil  decrees  given  since  the  said  fifteenth  of 
June,  wherewith  the  said  persons  or  any  of  them  do  find 
themselves  grieved,  should  be  reviewed  by  the  ordinary 
judges  that  pronounced  the  same,  and  the  parties  upon  their 
supplications  be  heard  to  propone  any  lawful  defence,  which 
they  might  have  used  in  the  time  of  the  deduction  of  the 
process ;  providing  the  supplications  be  presented  and  their 
petitions  exhibited  within  six  months  after  the  date  of  these 
articles. 

12.  That  all  persons  comprehended  in  the  pacification, 


A.  D.  1572.]  CHURCH  OF  SCOTLAND.  189 

after  publication  thereof,  should  indifferently  be  received 
in  all  parts  of  the  realm  as  his  majesty's  good  subjects  ;  and 
that  nothing  done  or  that  hath  occurred  during  the  troubles 
should  be  esteemed  a  cause  of  deadly  feud  and  enmity,  nor 
admitted  as  an  exception  either  against  judge,  party,  or 
witnesses. 

13.  That  the  heirs  and  successors  of  persons  forfeited,  and 
now  departed  this  life,  who  are  comprehended  in  this  pacifi- 
cation, should  be  restored  to  their  lands  and  possessions  :  and 
that  it  should  be  lawful  for  them  to  enter  thereto  by  breves, 
as  if  their  fathers  and  predecessors  had  never  been  forfeited, 
and  had  died  at  the  king's  peace  ;  specially  the  heirs  of  John, 
sometime  archbishop  of  St  Andrews,  Gavin,  commendator 
of  Kilwinning,  Andrew  Hamilton  of  Cocknow,  and  Captain 
James  Cullen. 

Unto  these  articles  some  other  particulars  were  added, 
which  were  all  confirmed  by  the  oaths  and  subscriptions  of 
the  commissioners  and  noblemen  in  presence  of  the  Enghsh 
ambassador,  and  a  time  given  to  Grange  and  those  of  the 
castle  to  accept  or  refuse  the  benefit  of  the  peace.  But  that 
none  excepted  in  the  former  abstinence,  nor  any  at  that  time 
forth  of  the  realm  should  think  themselves  comprehended 
therein,  it  was  declared,  that  the  benefit  of  the  present  pacifi- 
cation should  not  be  extended  to  them.  This  was  done  to 
exclude  the  archbishop  of  Glasgow  and  bishop  of  Ross,  am- 
bassadors for  the  Scottish  queen,  the  one  in  France,  and  the 
other  in  England,  against  whom  the  sentence  of  barratry  had 
been  pronounced. 

About  this  time  Sir  James  Kirkcaldy,  brother  to  Grange, 
who  had  been  directed  to  France  for  supply  of  those  within 
the  castle,  returned,  bringing  with  him  a  year's  rent  of  the 
Scottish  queen's  dowry  ;  but  finding  the  house  enclosed,  and 
that  there  was  no  safe  access  thereto,  he  went  to  Blackness, 
which  then  professed  to  hold  for  the  queen.  The  captain 
had  betrayed  the  same,  as  we  showed  before,  to  the  Hamil- 
tons ;  and  now  turning  his  coat  to  make  his  peace  with  the 
regent,  he  offered  to  put  in  his  hand  both  the  man  and  the 
money.  The  bargain  made,  the  money  was  given  to  the 
regent,  and  Kirkcaldy  detained  as  prisoner.  A  few  days 
after,  the  captain  going  abroad  to  do  some  business,  Kirk- 
caldy enticeth  the  soldiers  by  great  promises  to  join  with  him, 


190  THE  HISTORY  OF  THE  [a.  D.  1572. 

and  lay  hands  upon  the  captain's  brother  and  a  few  gentlemen 
left  to  attend  him,  which  they,  following  their  captain's  en- 
sample,  were  easily  induced  to  do.  Thus  the  house  was  pos- 
sessed in  Kirkcaldy's  name,  and  he  of  a  prisoner  turned  to 
be  chief  commander.  But  he  did  not  long  enjoy  this  place^ 
for  his  wife  being  come  thither  to  visit  him,  when  she  was 
the  next  morrow  to  depart,  desired  the  convoy  of  some 
soldiers  for  a  mile  or  two,  fearing,  as  she  pretended,  to  be 
robbed  by  Captain  Lambie,  who  lay  with  a  company  at 
Linlithgow  not  far  from  thence ;  and  as  he,  to  save  her, 
went  forth  himself  to  bring  her  on  a  part  of  the  way,  sus- 
pecting no  treachery,  he  was  in  his  return  intercepted  by 
Lambie,  and  carried  first  to  Linlithgow,  then  to  Dalkeith, 
where  he  was  kept  some  days,  and  afterwards  dimitted.  In 
this  sort  did  fortune  sport  herself  with  that  gentleman, 
changing  his  condition  up  and  down  three  several  times 
within  the  space  of  a  few  days. 

Peace  now  made  with  the  chief  noblemen  of  the  queen's 
faction,  it  was  supposed  that  Grange  and  his  partakers  would 
likewise  be  moved  to  embrace  it.  Whereupon  the  ambas- 
sador, taking  with  him  the  subscribed  articles,  went  to  the 
castle,  and,  showing  how  things  had  passed,  used  many  per- 
suasions to  make  them  content  to  be  comprehended  therein. 
But  they  would  not,  affirming  the  conditions  to  be  shameful, 
and  so  far  to  the  prejudice  of  their  queen,  as,  till  they  were 
allowed  by  herself  and  by  the  French  king,  they  should 
never  admit  them.  After  the  ambassador  had  ceased  to 
treat  with  them,  the  earl  of  Rothes  and  Lord  Boyd  travailed 
to  the  same  effect,  representing  the  danger  and  inevitable 
ruin  they  should  fall  into  if  they  did  not  yield  in  time.  But 
they  scorned  these  threats,  thinking  the  strength  they  word 
in  impregnable,  and  looking  still  for  some  succours  from 
France  and  the  duke  of  Alva ;  or  if  that  should  fail,  they 
made  no  doubt  to  obtain  their  peace  at  easier  conditions  than 
the  noblemen  had  accepted. 

The  regent  offended  with  their  obstinacy,  discharged  all 
farther  dealing  with  them,  and  sent  to  the  queen  of  England 
for  a  supply  of  men  and  munition ;  which  was  granted,  and 
Sir  William  Drury,  marshal  of  Berwick,  commanded  to  join 
with  him  in  besieging  the  castle.  How  soon  the  regent 
understood  that  the  direction  was  given  to  the  marshal,  the 


A.  D.  1572,]  CHURCH  OF  SCOTLAND.  191 

Lord  Ruthven  was  sent  to  confer  with  him  of  the  order  that 
should  be  kept  in  the  service.  They  meeting  at  the  church  of 
Lamberton  in  Merse,  for  preventing  all  debates  that  might 
arise,  did  agree  as  followeth  : 

1.  That  neither  the  regent  nor  the  general  should,  without 
the  advice  and  consent  of  the  other,  transact  or  make  any 
composition  with  the  besieged. 

2.  That  if  it  happen  the  house  to  be  taken  by  assault,  the 
munition,  plate,  jewels,  and  household  stuff,  pertaining  to 
the  king,  with  the  registers  and  public  records  of  the 
kingdom  there  reserved,  should  be  all  delivered  to  the 
regent  within  three  days  after  the  house  was  recovered, 
and  the  rest  of  the  spoil  distributed  amongst  the  soldiers. 

3.  That,  so  far  as  might  be,  the  persons  within  the  castle 
should  be  reserved  to  the  trial  of  law,  wherein  the  regent 
should  proceed  by  the  advice  of  the  queen  of  England. 

4.  That  the  regent  should  provide  the  English  forces  with 
victuals  and  all  other  things  necessary  during  the  siege, 
as  likewise  assist  them  with  a  convenient  power  of  horse 
and  foot. 

5.  That  recompense  should  be  given,  at  the  general's  sight, 
to  the  wives  and  nearest  friends  of  the  English  soldiers 
who  should  happen  to  be  killed. 

6.  That  if  any  of  the  ordnance  should  break  or  be  otherwise 
spoiled,  the  same  should  be  changed  with  other  pieces  of 
the  hke  quantity  within  the  castle. 

7.  That  the  English  general  should  not  fortify  within  the 
ground  of  Scotland  without  the  regent's  advice,  and  the 
service  finished  should  immediately  retire  his  forces. 

8.  And  lastly,  that  for  the  safe  return  of  the  soldiers  and 
munition,  (the  loss  which  fortune  of  war  should  make 
being  excepted,)  hostages  of  noblemen's  sons  should  be 
delivered  to  the  English,  and  entertained  in  the  parts  most 
adjacent  to  Scotland. 

These  conditions  made,  and  the  masters  of  Ruthven  and 
Sempill,  John  Cunningham  son  to  the  earl  of  Glencarne, 
and  Douglas  of  Kilspindie,  being  entered  in  Berwick  as 
pledges,  Su*  William  Drury  marched  with  his  forces  into 
Scotland,  and  came  to  Edinbui'gh  the  twenty -fifth  of  April. 


192  THE  HISTORY  OF  THE  [a.  D.   1573. 

The  regent  giving  out  a  proclamation  (wherein  was  showed 
the  care  that  the  queen  of  England  had  taken  for  the  peace 
of  the  realm  in  times  past,  and  the  liberal  succours  she  had 
granted  at  the  present  for  the  expugnation  of  the  castle, 
treasonably  detained  and  fortified  by  the  laird  of  Grange) 
did  require  and  charge  all  good  subjects  to  carry  themselves 
as  became  them  towards  the  English  general  and  his  com- 
pany, and  not  to  injure  them  either  by  word  or  deed,  except 
they  would  be  esteemed  enemies  to  the  peace,  and  partakers 
with  the  traitors  in  their  rebellious  attempts. 

The  next  day  the  castle  was  summoned,  and  offer  made  of 
their  lives  if  they  should  yield  before  the  planting  of  the  can- 
non ;  but  the  captain,  instead  of  answer,  set  up  on  the  top  of 
the  highest  tower  his  ensign  for  a  token  of  defiance.  Then  the 
pioneers  were  put  to  work,  and  begun  to  cast  trenches,  and 
raise  mounts  for  planting  the  artillery.  The  besieged  made 
all  the  hinderance  they  could,  playing  with  their  ordnance 
upon  the  workmen,  and  killing  divers  ere  the  mounts  were 
brought  to  perfection.  How  soon  they  were  erected,  (being 
five  in  all,  and  entitled  by  the  names  of  their  several  com- 
manders,) the  artillery  was  planted,  thirty-one  pieces  in 
number,  more  and  less.  All  things  prepared,  and  the  par- 
liament finished,  which  the  regent  had  called  to  the  last  of 
April  for  ratifying  the  articles  of  pacification,  the  battery 
began  the  seventeenth  of  May.  On  the  twenty-fifth  the 
castle  was  made  assaultable,  the  cannon  having  made  great 
breaches  in  the  fore  and  back  walls ;  and  the  tower  called 
David's  Tower  being  also  demoHshed.  The  twenty-sixth,  early 
in  the  morning,  the  assault  was  given  in  two  places.  At  the 
west  part,  where  the  ascent  was  most  difficult,  the  assailers 
were  repulsed  after  an  obstinate  fight  that  continued  three 
hours,  and  twenty -four  persons  killed.  On  the  east  "side  the 
Blockhouse  called  the  Spur  was  taken  with  less  resistance, 
which  put  the  defendants  in  fear,  and  made  them  demand  a 
parley.  This  granted,  a  truce  was  taken  for  the  space  of 
two  days,  in  which  time  the  English  general  used  many  per- 
suasions to  the  captain  to  make  him  render  the  house  : 
neither  was  he  then  unwilUng,  so  as  the  lives  and  honours  of 
these  within  might  be  saved ;  but  the  regent  would  give  no 
condition,  and  have  him  simply  to  yield.  The  captain 
seeing  nothing  but  extremity,  resolved  to  stand  to  his  utmost 


A.  D.  1573.]  CHURCH  OF  SCOTLAND.  193 

defence  :  yet  •when  he  came  back  to  the  house,  he  found 
them  all  within  divided,  and  the  greater  part  so  discouraged 
as  they  refused  to  undergo  the  hazard  of  a  second  assault. 
This  forced  him  to  other  counsels,  and  so  following  Lething- 
ton's  advice,  upon  the  twenty-ninth  of  May  being  let  down 
by  a  rope  over  the  wall,  he  and  Pittadrow,  his  constable, 
did  yield  themselves  and  the  house  to  the  Enghsh  general 
in  the  name  of  his  queen,  whose  discretion  (misknowing  the 
regent)  they  were  wiUing  to  abide.  The  general  made 
them  to  be  attended  to  his  lodging,  whither  all  that  were  of 
any  note  in  the  castle  were  brought.  Thereafter  they  were 
committed  to  several  places,  most  of  them  transported  to 
Leith,  and  some  detained  in  Edinburgh,  till  the  queen  of 
England  should  signify  her  will  concerning  them.  The 
ladies  and  gentlewomen  were  licensed  to  depart,  as  likewise 
the  private  soldiers,  and  others  of  meaner  sort. 

It  was  thought  that  the  queen,  in  regard  of  the  render  made 
to  her  lieutenant,  would  take  a  favourable  course  with  them, 
and  save  their  lives  ;    but  she  gave  direction  to  put  them  all 
in  the  regent's  hands  to  be  used  as  he  thought  meet :    which 
when  Lethington  heard,   either  despairing  of  life,  or  not 
willing  to  enjoy  it  by  the  mercy  of  an  enemy,  he  died  at 
Leith  so  suddenly,  as  he  was  thought  to  have  made  himself 
away  by  poison.     A  man  he  was  of  deep   wit,  great  ex- 
perience, and  one  whose  counsels  were  held  in  that  time  for 
oracles  ;   but  variable  and  inconstant,  turning  and  changing 
from  one  faction  to  another,  as  he  thought  it  to  make  for  his 
standing.      This  did  greatly  diminish   his  reputation,  and 
failed  him  at  last ;    which  should  warn  all  counsellors  to 
direct  theu'  courses  by  the  lines  of  piety  and  true  wisdom, 
without  which  the  most  poHtic  prudence  will  prove  nothing 
but  folly  in  the  end.     His  brother,  Mr  John  Maitland,  who 
came  afterwards  to  great  honours,  had  his  life  spared,  and 
was  imprisoned  in  Tantallan.     George  Crichton,  bishop  of 
Dunkeld,  was  sent  to  Blackness,  and  the  Lord  Home  de- 
tained in  the  castle,  which  the  regent  gave  to  his  brother, 
George   Douglas,   in   custody.     Grange   himself,    with   his 
brother  Sir  James  Kirkcaldy,  and  two  goldsmiths,  James 
Mosman  and  James  Cockey,  were  publicly  hanged  in  the 
market  street  of  Edinburgh.      Such  was  the  end  of  Sir 
WilHam  Kirkcaldy  of  Grange,  a  man  full  of  valour  and 
VOL.  n.  13 


194  THE  HISTORY  OF  THE  [a.  D.  1573. 

courage,  who  had  sometime  done  good  service  to  his  country 
against  the  French,  and  purchased  by  that  means  great 
honour ;  but  seeking  ambitiously  to  raise  his  fortunes,  and 
hearkening  to  perverse  counsel,  he  broke  his  faith  to  the 
regent,  who  had  put  him  in  trust,  and  thereby  lost  all  his 
former  esteem,  and  drew  upon  himself  these  troubles  wherein 
he  perished.  His  part  was  foul  in  the  death  of  the  cardinal, 
and  for  it,  when  he  was  in  his  best  estate,  many  did  foredeem 
that  he  should  not  escape  some  misfortune.  Yet  herein  he 
was  happy,  that  at  his  death  he  expressed  a  great  sorrow 
for  his  sins,  and  departed  this  hfe  with  a  constant  and  com- 
fortable assurance  of  mercy  at  the  hands  of  God. 

By  this  defeat  of  the  Castilians  (so  they  were  commonly 
named)  the  queen's  faction  fell  quite  asunder,  nor  did  it  ever 
after  this  time  make  head.  The  bishop  of  Ross  (who  had 
followed  her  business  as  ambassador  in  England)  being  at 
the  same  time  put  to  liberty,  and  commanded  to  depart  forth 
of  the  kingdom,  went  privately  to  France  ;  for  he  feared 
the  earl  of  Southampton,  and  Lord  Henry  Howard,  brother 
to  the  duke  of  Norfolk,  whom  he  had  touched  in  his  ex- 
amination. When  he  came  to  France,  to  mitigate  the  anger 
they  had  conceived,  he  pubhshed  an  apology  for  the  de- 
positions he  had  made,  and  whilst  he  lived  ceased  not  to  do 
the  duty  of  a  faithful  subject  and  servant  to  the  queen, 
soHciting  both  the  emperor  and  pope,  the  French  king  and 
other  cathoHc  princes  in  her  behalf ;  who  gave  many  good 
words,  but  performed  nothing.  So  little  are  the  promises 
of  strangers  to  be  trusted,  and  so  uncertain  their  help  to 
princes  that  are  once  fallen  from  their  estates.  At  home 
the  regent  applying  himself  to  reform  the  disorders  caused 
by  the  late  war,  began  with  the  borderers,  who  had  broken 
out  into  all  sorts  of  riot,  and  committed  many  insolences 
both  on  the  Scottish  and  Enghsh  side.  Thither  he  went 
himself  in  person,  where  meeting  with  the  English  wardens  he 
took  order  for  redress  of  bypast  wrongs  ;  and,  to  secure  the 
peace  of  the  country,  caused  all  the  clans  deliver  pledges  for 
the  keeping  of  good  order,  and  made  choice  of  the  fittest  and 
most  active  persons  to  rule  and  oversee  those  parts.  Sir  James 
Homeof  Cowdenknows  was  made  guardianof  the  east  marches, 
the  Lord  Maxwell  of  the  west,  and  Sir  John  Carmichael  of 
the  middle ;    who,  by  the  diligence  and  strict  justice  they 


A.  D.  1573.]  CHURCH  OF  SCOTLAND.  195 

observed  in  punishing  resetters  and  entertainers  of  thieves, 
reduced  the  country  to  such  quietness  as  none  was  heard  to 
complain  either  of  theft  or  robbery. 

The  next  care  he  took  was  to  order  the  revenues  of  the 
crown,  and  recover  such  lands  as  had  been  alienated  from  it, 
or  in  any  sort  usurped ;  the  jewels  impignorated  by  the 
queen  he  relieved  by  payment  of  the  moneys  for  which  they 
were  engaged.  He  caused  repair  all  the  king's  houses, 
especially  the  castle  of  Edinburgh,  and  furnished  the  same 
with  munition  and  other  necessaries ;  and  by  these  doings 
did  purchase  to  himself  both  love  and  reverence,  with  the 
opinion  of  a  most  wise  and  prudent  governor. 

Yet  was  it  not  long  before  he  lost  all  his  good  opinion  by 
the  courses  he  took  to  enrich  himself.  Breaking  first  upon 
the  Church,  he  subtly  drew  out  of  their  hands  the  thirds 
of  benefices,  offering  more  sure  and  ready  payment  to  the 
ministers  than  was  made  by  their  collectors,  and  promising  to 
make  the  stipend  of  every  minister  local,  and  payable  in  the 
parish  where  he  served.  To  induce  them  the  more  wilUngly 
unto  this,  promise  was  made,  that  if  they  should  find  them- 
selves in  any  sort  hurt  or  prejudged,  they  should  be  reponed 
to  their  right  and  possession  whensoever  they  did  require  the 
same. 

But  no  sooner  was  he  possessed  of  the  thirds,  than  the 
course  he  took  for  providing  ministers  was,  to  appoint  two, 
three,  and  four  churches  in  some  places  to  one  minister  (who 
was  tied  to  preach  in  them  by  turns),  and  to  place  in  every 
parish  a  reader,  that  in  the  minister's  absence  might  read 
prayers,  who  had  allowed  him  a  poor  stipend  of  twenty  or 
forty  pounds  Scots.  As  to  the  ministers,  they  were  put 
in  a  much  worse  case  for  their  stipends  than  before :  for 
when  the  superintendents  did  assign  the  same,  the  ministers 
could  come  boldly  unto  them,  and  make  their  poor  estate 
known,  and  were  sure  to  receive  some  comfort  and  relief  at 
their  hands ;  but  now  they  were  forced  to  give  attendance 
at  court,  begging  their  assignations  and  precepts  for  pay- 
ment, or,  as  their  necessities  grew,  seeking  augmentation, 
which  seldom  they  obtained;  or  if  any  petty  thing  was 
granted,  the  same  was  dearly  bought  with  the  loss  both  of 
their  time  and  means.  The  superintendents  were  no  better 
used,  the  means  allowed  to  them  for  their  service  being  with- 


196  THE  HISTORY  OF  THE  [a.  D.  1574. 

holden ;  and  when  they  complained,  they  were  answered, 
that  their  office  was  no  more  necessary,  bishops  being  placed 
in  the  dioceses,  and  the  ecclesiastical  jurisdiction  belonging 
to  them. 

These  things  lost  him  the  Church,  which  then  growing 
sensible  of  their  oversight  in  denuding  themselves  of  the 
thirds,  craved  to  be  reponed  according  to  promise.  But 
herein  divers  shifts  were  made ;  and  after  sundry  delays,  it 
was  directly  told  them,  that  seeing  the  surplus  of  the  thirds 
belonged  to  the  king,  it  was  fitter  the  regent  and  council 
should  modify  the  stipends  of  ministers,  than  that  the  Church 
should  have  the  appointment  or  designation  of  a  surplus. 
They,  not  able  to  help  themselves,  did,  in  the  next  Assembly, 
take  order  that  the  ministers,  who  were  appointed  to  serve 
more  churches  than  one,  should  take  the  charge  of  that  only 
at  which  they  resided,  helping  the  rest  as  they  might,  with- 
out neglect  of  their  own  charge.  And  because  the  placing  of 
bishops  was  taken  for  a  pretext  to  withhold  the  superinten- 
dents' means,  the  bishops  were  inhibited  to  ex;ecute  any  part  of 
the  ecclesiastical  jurisdiction  within  the  bounds  where  the 
superintendents  served,  Avithout  their  consent  and  approba- 
tion. This  crossing  of  one  another's  proceedings  did  set  the 
Church  and  regent  so  far  asunder,  that,  whilst  he  continued 
in  office,  there  was  no  sound  liking  amongst  them. 

The  discontents  of  the  country  were  so  great  by  the 
Justice  Aires  (as  they  called  them),  that  went  through  the 
country  and  were  exerced  with  much  rigour,  people  of  all 
sorts  being  forced  to  compone  and  redeem  themselves  from 
trouble  by  payment  of  moneys  imposed.  The  merchants, 
called  in  question  for  the  transport  of  coin,  were  fined  in 
great  sums,  and  warded  in  the  castle  of  Blackness,  till  they 
gave  satisfaction.  Nor  left  he  any  means  unassayed  that 
served  to  bring  in  moneys  to  his  coffers,  which  drew  upon 
him  a  great  deal  of  hatred  and  envy. 

I  find  at  this  time  a  motion  made  for  compiling  a  body  of 
our  law,  and  making  a  collection  of  such  ancient  statutes  as 
were  meet  to  be  retained  in  practice ;  which  were  ordained 
to  be  supplied  out  of  the  civil  law  where  was  any  necessity, 
to  the  end  judges  might  know  what  to  determine  in  every 
case,  and  the  subjects  be  foreseen  of  the  equity  and  issue  they 
might  expect  of  their  controversies.     This  was  entertained  a 


A.  D.  1574.]  CHURCH  OF  SCOTLAND.  197 

while,  and  of  good  men  much  desired  as  a  thing  beneficial  to 
the  country,  and  like  to  have  cut  off  the  occasion  of  many 
pleas.  But  it  sorted  to  no  effect,  by  the  subtle  dealing  of 
those  that  made  their  gain  of  the  corruption  of  law. 

It  happened  John  Ormiston  (commonly  called  Black 
Ormiston,  because  of  his  iron  colour)  to  be  apprehended  and 
brought  to  trial  at  the  same  time  for  the  murder  of  the  king's 
father.  This  man  was  thought  to  be  privy  unto  all  Both- 
well's  doings,  and  a  more  particular  discovery  expected  by 
him  of  the  form  and  manner  of  that  murder.  Yet  at  his 
execution  he  did  only  confess  that  Bothwell  had  communi- 
cated the  purpose  to  him,  and  showed  him  the  subscriptions 
of  the  earls  of  Argyle,  Huntly,  Secretary  Lethington,  and 
Sir  James  Balfour,  testifying  their  consents  to  that  wicked 
fact.  Not  the  less  the  regent,  to  the  offence  of  many,  did 
suffer  the  said  Balfour  to  enjoy  the  benefit  of  the  pacification, 
and  passed  an  act  thereof  in  open  council.  Whether  the 
subscriptions  of  Argyle  and  Huntly  were  counterfeit  or  not, 
it  was  uncertain  ;  but  of  the  other  two  it  was  easily  behoved, 
as  being  men  universally  hated.  Argyle  died  in  September 
following,  in  whose  place  the  Lord  Glammis  was  created 
chancellor. 

In  the  same  month,  Adam  Heriot,  minister  at  Aberdeen, 
departed  this  life,  a  man  worthy  to  be  remembered.  He 
was  sometime  a  friar  of  the  order  of  St  Austin,  and  lived  in 
the  abbey  of  St  Andrews,  an  eloquent  preacher,  and  well 
seen  in  scholastic  divinity.  The  queen  regent  coming  on  a 
time  to  the  city,  and  hearing  him  preach,  was  taken  with 
such  an  opinion  of  his  learning  and  integrity,  that  in  a 
reasoning  with  some  noblemen  upon  the  article  of  real  pre- 
sence, she  made  offer  to  stand  to  Heriot's  determination. 
Warning  of  this  being  given,  and  he  required  to  deliver  his 
mind  upon  that  subject  in  a  sermon  which  the  queen  intended 
to  hear,  he  did  so  prevaricate,  as  all  that  were  present  did 
offend  and  depart  unsatisfied.  Being  sharply  rebuked  for 
this  by  some  that  loved  him,  he  fell  in  a  great  trouble  of 
mind,  and  found  no  rest  till  he  did  openly  renounce  popery, 
and  join  himself  to  those  of  the  congregation.  Afterwards, 
when  order  was  taken  for  the  distribution  of  ministers 
amongst  the  burghs,  he  was  nominated  for  the  city  of 
Aberdeen   (in   which  there  lived  divers    addicted  to  the 


198  THE  HISTORY  OF  THE  [a.  D.  1575. 

Roman  profession),  as  one  that  was  learned  in  scholastic 
divinity,  and  for  his  moderation  apt  to  reclaim  men  from 
their  errors.  Neither  did  he  fail  the  hope  conceived  of  him, 
for  by  his  diligence  in  teaching  both  in  the  schools  and 
church  he  did  gain  all  that  people  to  the  profession  of  the 
truth.  Fourteen  years  he  laboured  among  them,  and  in  end 
was  forced  by  sickness  to  quit  his  charge.  He  died  of  the 
apoplexy,  the  twenty-eighth  of  August,  in  the  sixtieth  year  of 
his  age,  greatly  beloved  of  the  citizens  for  his  humane  and 
courteous  conversation,  and  of  the  poorer  sort  much  lamented, 
to  whom  he  was  in  his  life  very  beneficial. 

The  next  summer  there  fell  out  an  accident  which  was  like 
to  have  caused  great  trouble,  and  divided  the  two  kingdoms. 
Sir  John  Forrester,  warden  of  the  English  side,  and  Sir 
John  Carmichael  of  the  Scottish,  meeting  in  the  borders  at  a 
place  called  the  Red  Swyre,  for  redressing  some  wrongs  that 
had  been  committed,  it  fell  out  that  a  bill  (so  they  used  to 
speak)  was  filed  upon  an  Enghshman,  for  which  Carmichael, 
according  to  the  law  of  the  borders,  required  him  to  be  de- 
livered till  satisfaction  was  made.  Sir  John  Forrester,  either 
wearied  with  the  multitude  of  business,  or  desiring  to  shift 
the  matter,  answered,  that  enough  was  done  that  day,  and  at 
the  next  meeting  the  complainer  should  have  satisfaction. 
Carmichael  urging  a  present  performance,  they  fell  foul  in 
words,  which  made  the  companies  that  attended  draw  to  their 
weapons.  A  great  tumult  there  was ;  and  at  first  the  Scots, 
being  inferior  in  number  to  the  English,  gave  back.  But  as 
they  were  fleeing,  they  met  with  a  company  of  Jedburgh  men, 
who  were  come  to  attend  the  warden.  This  giving  them 
new  courage,  they  turned  upon  the  English  and  made  them 
flee.  The  chase  held  the  space  of  two  miles.  Sir  George 
Heron,  warden  of  Tindale  and  Rhedesdale,  with  twenty -four 
EngUsh,  was  killed;  the  warden  himself,  Francis  Russell, 
son  to  the  earl  of  Bedford,  Cuthbert  CoUinwood,  James 
Ogle,  Henry  Fenwick,  and  many  others  of  good  note,  were 
taken  prisoners.  When  the  regent  heard  it,  he  was  sore 
displeased,  knowing  the  queen  of  England  would  be  much 
offended ;  whereupon  he  sent  for  the  prisoners,  and  using 
them  with  all  courtesy,  excused  what  was  done,  and  per- 
mitted them  to  return  home.  And  the  queen,  indeed,  at  the 
first  report  was  much  incensed,  and  thereupon  sent   Mr 


A.  D.  1575,]  CHURCH  OF  SCOTLAND.  199 

Killigrew  to  the  regent  to  require  the  dehvery  of  Car- 
michael,  which  divers  of  the  council  withstood.  Yet  such 
was  the  regent's  care  to  please  the  queen,  as  he  caused  him 
enter  into  England,  where  he  was  a  while  detained.  But 
the  provocation  being  tried  to  have  been  made  by  the  Eng- 
lish, the  queen  dimitted  him  honourably,  and  not  without  re- 
wards. At  his  return,  the  regent  meeting  the  earl  of  Hunt- 
ington, the  English  commissioner,  at  Foulden,  some  two 
miles  from  Berwick,  all  things  were  peaceably  composed. 

This  year  the  duke  of  Chatelherault  ended  his  life ;  a 
nobleman  well  inclined,  open,  plain,  and  without  all  dissimu- 
lation and  fraud,  but  too  easily  led  by  them  he  trusted,  which 
bred  him  much  trouble ;  yet,  by  the  goodness  of  God,  who 
doth  always  favour  the  innocent  and  honest  minded,  he  went 
through  all,  and  died  honourably  and  in  peace.  Not  long 
after,  his  son,  Lord  John  Hamilton,  riding  to  Abei'brothock, 
accompanied  only  with  his  ordinary  train  (for  he  held  himself 
secured  by  the  pacification),  was  pursued  by  William  Douglas 
of  Lochleven,  who  did  lie  with  a  number  in  his  way,  of  in- 
tention to  kill  him.  As  he  was  refreshing  himself  at  Cupar, 
he  was  advertised  of  the  danger,  and  presently  resolved  to 
single  liimself  from  his  company  and  flee  to  the  castle  of 
Leuchars,  deeming  (as  also  it  fell  out)  that  they  would  follow 
the  greater  company,  which  he  directed  to  keep  together, 
and  take  the  south  of  the  river  of  Eden.  Neither  had  they 
passed  far  when  they  were  invaded  by  a  troop  of  horsemen, 
and  forced  to  yield  themselves.  The  nobleman  beholding 
this  from  the  other  side  of  the  river,  and  knowing  how  soon 
they  found  themselves  deceived  that  they  would  make  haste 
to  overtake  him,  changed  his  first  resolution,  and  fled  to  the 
house  of  Dairsie,  where  he  was  received.  Lochleven  belayed 
the  house,  and  kept  him  enclosed  all  that  night  and  the  day 
following.  But  being  charged  by  a  herald  of  arms  to  dis- 
solve his  forces,  and  hearing  that  the  nobleman's  friends  were 
gathering  for  his  release,  he  departed  home. 

Being  called  before  the  council  for  his  insolence,  and 
charged  with  the  breach  of  the  pacification,  he  alleged  the 
exception  of  the  first  regent's  murder ;  but  that  being  found 
no  warrant,  and  he  refusing  to  give  assm'ance  for  keeping 
peace,  was  committed  to  the  castle  of  Edinburgh,  where  he 
remained  till  surety  was  given. 


200  THE  HISTORY  OF  THE  [a.  D.  1575. 

In  the  Church  this  year  began  the  innovations  to  break 
forth  that  to  this  day  have  kept  it  in  a  continual  unquietness. 
Mr  Andrew  Melvill,  who  was  lately  come  from  Geneva,  a 
man  learned  (chiefly  in  the  tongues),  but  hot  and  eager  upon 
any  thing  he  went  about,  labouring  with  a  burning  desire  to 
bring  into  this  Church  the  presbyterial  discipline  of  Geneva ; 
and  having  insinuated  himself  into  the  favour  of  divers 
preachers,  he  stirred  up  John  Dury,  one  of  the  ministers  of 
Edinburgh,  in  an  Assembly  which  was  then  convened,  to  pro- 
pound a  question  touching  the  lawfulness  of  the  episcopal 
function,  and  the  authority  of  chapters  in  their  election.  He 
himself,  as  though  he  had  not  been  acquainted  with  the  mo- 
tion, after  he  had  commended  the  speaker's  zeal,  and  seconded 
the  purpose  with  a  long  discourse  of  the  flourishing  estate  of 
the  church  of  Geneva,  and  the  opinions  of  Calvin  and  Theo- 
dore Beza  concerning  church  government,  came  to  affirm, 
"  That  none  ought  to  be  esteemed  office-bearers  in  the  Church 
whose  titles  were  not  found  in  the  book  of  God.  And  for 
the  title  of  bishops,  albeit  the  same  was  found  in  Scripture, 
yet  was  it  not  to  be  taken  in  the  sense  that  the  common  sort 
did  conceive,  there  being  no  superiority  allowed  by  Christ 
amongst  ministers ;  He  being  the  only  Lord  of  his  Church, 
and  all  the  rest  servants  in  the  same  degree,  and  having  the 
like  power."  In  end  he  said,  "  That  the  corruptions  crept  into 
the  estate  of  bishops  were  so  great,  as  unless  the  same  were 
removed  it  could  not  go  well  with  the  Church,  nor  could  re- 
hgion  be  long  preserved  in  purity." 

This  his  discourse  was  applauded  by  many,  and  some 
brethren  set  apart  to  reason  and  confer  upon  the  question 
proponed.  For  the  one  part,  Mr  David  Lmdsay,  Mr  George 
Hay,  and  Mr  John  Row  were  nominated.  These  three 
sustained  the  lawfulness  of  episcopal  function  in  the  Church. 
For  the  other  part,  Mr  James  Lawson,  Mr  John  Craig,  and 
Mr  Andrew  Melvill,  were  choosed  to  impugn  the  same. 
After  divers  meetings  and  long  disceptation  amongst  them- 
selves, they  presented  their  opinions  to  the  Assembly  in  writ- 
ing as  followeth : — 

1.  First  that  they  did  not  hold  it  expedient  to  answer  the 
questions  proponed  for  the  present ;  but  if  any  bishop  was 


A.  D.  1575.]  CHURCH  OF  SCOTLAND.  201 

chosen  that  had  not  qualities  required  by  the  Word  of 
God,  he  should  be  tried  by  the  General  Assembly. 

2.  That  they  judged  the  name  of  a  bishop  to  be  common  to 
all  ministers  that  had  the  charge  of  a  particular  flock ;  and 
that  by  the  Word  of  God  liis  chief  function  consisted  in  the 
preaching  of  the  word,  the  ministration  of  the  sacraments, 
and  exercise  of  ecclesiastical  discipline,  with  consent  of  his 
elders. 

3.  That  from  among  the  ministers  some  one  might  be  chosen 
to  oversee  and  visit  such  reasonable  bounds,  besides  his 
own  flock,  as  the  General  Assembly  should  appoint. 

4.  That  the  minister  so  elected  might  in  those  bounds  appoint 
preachers,  with  the  advice  of  the  ministers  of  that  province, 
and  the  consent  of  the  flock  to  which  they  should  be  ad- 
mitted. 

And  fifthly,  that  he  might  suspend  ministers  from  the  exer- 
cise of  their  ofllce  upon  reasonable  causes,  with  the  consent 
of  the  ministers  of  the  bounds. 

There  were  present  in  this  Assembly  the  archbishop  of 
Glasgow,  the  bishop  of  Dunkeld,  Galloway,  Brechin,  Dun- 
blane, and  Isles,  with  the  superintendents  of  Lothian  and 
Angus  ;  all  of  them  interested  in  that  business.  Yet  neither 
were  they  called  to  the  conference,  nor  doth  it  appear  by 
the  register  of  those  proceedings  that  they  did  so  much  as 
open  their  mouths  in  defence  of  their  office  and  caUing. 
What  respect  soever  it  was  that  made  them  keep  so  quiet, 
whether,  as  I  have  heard,  that  they  expected  those  motions 
should  have  been  dashed  by  the  regent,  or  otherwise  that 
they  affected  the  praise  of  humiUty,  it  was  no  wisdom  in 
them  to  have  given  way  to  such  novelties,  and  have  suffered 
the  lawfulness  of  their  vocation  to  be  thus  drawn  in  question. 

In  the  next  Assembly  I  find  the  same  matter  moved  of  new, 
and  put  to  voices,  but  with  a  little  change  of  the  question, 
which  was  thus  formed  ;  whether  bishops  as  they  were  then 
in  Scotland  had  their  function  warranted  by  the  word  of  God. 
The  Assembly,  without  giving  a  direct  answer,  after  long 
reasoning,  did  for  the  greatest  part  (so  the  records  bear),  ap- 
prove the  opinions  presented  in  the  last  meeting,  with  this 
addition,  that  the  bishops  should  take  themselves  to  the 
service  of  some  one  church  within  their  diocese,  and  conde- 


202  THE  HISTORY  OF  THE         [a.  D.  1575. 

scend  upon  the  particular  flocks  whereof  they  would  accept 
the  charge. 

The  regent  hearing  how  the  Church  had  proceeded,  and 
taking  ill  the  deposition  of  Mr  James  Paton,  bishop  of  Dun- 
keld,  who  was  in  the  former  Assembly  deprived  for  dilapida- 
tion of  his  benefice,  sent  to  require  of  them  whether  they 
would  stand  to  the  pohcy  agreed  unto  at  Leith  ;  and  if  not, 
to  desire  them  to  settle  upon  some  form  of  government  at 
which  they  would  abide.  The  Assembly  taking  the  advan- 
tage of  this  proposition  answered,  that  they  were  to  think  of 
that  business,  and  should  with  all  diligence  set  down  a  con- 
stant form  of  church-policy,  and  present  the  same  to  be 
allowed  by  the  council.  To  this  effect  they  nominated  Mr 
Andrew  Melvill,  Mr  Andrew  Hay,  Mr  David  Cunningham, 
Mr  George  Hay,  Mr  Alexander  Arbuthnot,  Mr  David 
Lindsay,  and  a  number  more.  The  archbishop  of  Glasgow  J 
was  named  among  the  rest,  but  he,  being  urged  to  take  the  ' 
charge  of  a  particular  flock,  excused  himself,  saying,  "  That 
he  had  entered  to  his  office  according  to  the  order  taken  by 
the  Church  and  Estates,  and  could  do  nothing  contrary 
thereto,  lest  he  should  be  thought  to  have  transgressed  his 
oath,  and  be  challenged  for  altering  a  member  of  the  Estate. 
Yet  that  it  might  appear  how  wilhng  he  was  to  bestow  the 
gifts  wherewith  God  had  endued  him  to  the  good  of  the 
Church,  he  should  teach  ordinarily  at  Glasgow,  when  he 
had  his  residence  in  the  city,  and  when  he  remained  in  the 
sheriffdom  of  Ayr,  he  should  do  the  like  in  any  church  they 
would  appoint ;  but  without  astricting  himself  unto  the  same, 
and  prejudging  in  any  sort  the  jurisdiction  he  had  received 
at  his  admission."  This  liis  declaration  made,  he  was  no 
more  troubled  with  that  employment. 

Meanwhile  the  see  of  St  Andrews  falling  void  by  the 
death  of  Mr  John  Douglas,  the  regent  did  recommend  to  the 
chapter  his  chaplain  Mr  Patrick  Adamson  for  the  place.  The 
chapter  continuing  the  election  till  the  Assembly  of  the 
Church  did  convene,  imparted  to  them  the  warrant  they  had 
received  :  and  Mr  Patrick  being  inquired  (for  he  was  present 
at  the  time),  whether  he  would  submit  himself  to  trial,  and 
receive  the  office  with  those  injunctions  the  Church  would 
prescribe,  answered,  that  he  was  discharged  by  the  regent  to 
accept  the  office  otherwise  than  was  appointed  by  mutual 


I 


A.  D.  1575.]  CHURCH  OF  SCOTLAND.  203 

consent  of  the  Church  and  Estate.  Hereupon  the  chapter 
was  inhibited  to  proceed.  Not  the  less  upon  a  new  charge 
given  them  they  convened  and  made  choice  of  him ;  which 
did  so  irritate  the  Church,  as  in  the  next  meeting  they  gave 
commission  to  the  superintendent  of  Lothian,  Mr  Robert 
Pont,  Mr  James  Lawson,  and  David  Ferguson,  to  call  him 
before  them,  and  prohibit  him  to  exerce  any  part  of  his  juris- 
diction, till  he  should  be  authorized  thereto  by  the  Assembly. 

A  form  of  church  policy  was  in  the  meantime  drawn  up 
and  presented  to  the  regent  by  Mr  David  Lindsay,  Mr  James 
Lawson,  and  Mr  Robert  Pont.  In  a  short  preface  set  before 
it,  they  protested,  "  to  wish  nothing  more,  than  as  God  had 
made  him  a  notable  instrument  in  purging  the  realm  of 
popery,  and  settling  the  same  in  a  perfect  peace,  that  he 
would  also  honour  him  with  the  estabUshing  of  a  godly  and 
spiritual  policy  in  the  Church ;  entreating  his  grace  to  receive 
the  articles  presented,  and  if  any  of  them  did  seem  not  agree- 
able to  reason,  to  vouchsafe  audience  to  the  brethren  whom 
they  had  named  to  attend.  Not  that  they  did  account  it  a 
work  complete,  to  which  nothing  might  be  added,  or  from 
which  nothing  might  be  diminished ;  for,  as  God  should 
reveal  farther  unto  them,  they  should  be  willing  to  help  and 
renew  the  same."  The  regent  reading  the  preface,  though 
he  did  not  like  the  pui'pose  they  were  about,  gave  them  a 
better  countenance  than  in  former  times,  and  named  certain 
of  the  council  to  confer  with  them,  and  make  report  of  the 
heads  whereupon  they  agreed.  But  the  conference  was  not 
well  begun,  when  it  brake  off  by  occasion  of  troubles  that 
arose. 

The  discontents  in  the  country  were  great  and  daily  in- 
creasing by  the  regent's  severe  proceedings.  One  against 
Adam  Whitford  of  Milneton,  did  open  the  mouths  of  many 
men  against  him.  This  gentleman  was  accused  as  one  set 
on  by  John  Lord  Hamilton  of  Aberbrothock,  and  Lord  Claud 
his  brother,  to  have  killed  the  regent.  The  suspicion  did 
arise  of  some  rash  and  boasting  speeches  uttered  by  John 
Sempill  of  Beltrees,  out  of  his  spleen  against  the  regent  for 
an  action  intended  against  him  concerning  some  lands  be- 
longing to  the  crown,  which  had  been  given  by  the  queen  to 
Mary  Livingstone,  his  wife,  one  of  her  maids  of  honour. 
His  words  were  the  more  taken  hold  of,  because  he  was 


204  THE  HISTORY  OF  THE  [a.  D.   1576. 

Milneton's  uncle,  and  upon  offer  of  the  torture  he  was 
brought  to  confession  ;  upon  which  also  he  was  arraigned  and 
condemned  to  death,  and  the  scaffold  prepared  for  the  exe- 
cution, but  was  pardoned;  which  did  manifest  that  which 
before  was  suspected,  that  by  underhand  promise  of  favour 
he  was  induced  to  this  confession.  The  same  means  were 
tried  with  Milneton,  to  have  furnished  evidence  against  these 
noblemen  for  their  forfeiture,  which  was  the  chief  end  of  this 
trial.  But  he,  upon  his  uncle's  confession,  being  put  to  the 
torture,  valuing  more  his  honour  nor  his  safety,  endured  it 
with  such  resolution,  showed  both  by  his  words  and  coun- 
tenance, as  was  in  all  men's  opinion  taken  for  an  undoubted 
argument  of  his  innocence,  and  the  other's  testimony  nothing 
regarded,  but  the  regent  much  blamed  for  such  rigorous  pro- 
ceeding against  him  upon  a  false  or  faint  hearted  man's  con- 
fession extorted  by  fear,  or  drawn  from  him  by  other  base 
respects ;  wherefore  he  was  detested  of  his  nearest  kinsmen, 
as  the  other  was  honoured  in  all  men's  estimation  for  his 
courage  and  constancy.  Amongst  other  processes  he  had 
intended  for  helping  the  revenues  of  the  crown,  one  was  for 
the  recovery  of  a  parcel  of  ground  which  the  queen  had 
gifted  to  Mary  Livingstone,  one  of  her  maids.  The  gentle- 
woman's husband,  called  John  Sempill,  made  the  best  defence 
he  could,  and  fearing  the  regent's  rigour,  had  burst  forth  in 
some  passionate  speeches,  avowing  that  if  he  did  lose  the 
lands,  he  should  lose  his  life  also.  This  reported  to  the 
regent,  brought  him  to  be  suspected  of  some  plot,  for  a  speech 
was  given  out  that  Lord  John  Hamilton  and  his  brother 
Lord  Claud  were  discontented  with  some  of  the  regent's 
proceedings,  and  had  instigated  this  gentleman,  with  his 
nephew,  Adam  Whitford  of  Milneton,  to  kill  him  as  he  went 
down  the  street  towards  the  palace  with  an  harquebuss.  Sem- 
pill, called  in  question  for  this  and  his  other  rash  speeches,  upon 
representation  of  the  torture  confessed  all,  for  he  was  a  fear- 
ful man  and  of  no  courage.  Milneton  being  apprehended  in 
the  Isle  of  Bute,  and  brought  to  his  examination,  denied  that 
any  such  motion  had  been  made  to  him,  and  being  put  to  the 
torture,  endured  the  same  patiently,  not  confessing  any 
thing.  His  constancy  and  the  resolution  he  showed  both  in 
words  and  countenance  made  the  other's  confession  not  to  be 
credited,  every  one  interpreting  the  same  to  have  proceeded 


A.  D.  1576.]  CHURCH  OF  SCOTLAND.  205 

of  weakness  and  want  of  courage.  The  gentleman's  case 
was  much  pitied,  and  the  mouths  of  many  opened  against  the 
regent  for  using  such  rigour,  only  upon  the  confession  of  a 
fearful  and  faint  hearted  man :  hut  the  troubles  we  mentioned 
did  arise  by  another  occasion. 

In  the  Highlands  one  Allaster  Dow  Macallan,  a  notorious 
thief,  who  had  committed  many  robberies,  was  apprehended 
by  the  earl  of  Athole,  who  minding  to  put  him  to  a  trial  was 
inhibited  by  the  council,  and  charges  directed  against  him 
for  exhibition  of  the  man.  The  fellow  being  presented,  after 
he  had  stayed  a  while  in  prison,  was  upon  Argyle's  desire 
set  at  liberty,  and,  falhng  to  his  accustomed  depredations, 
committed  divers  insolencies  in  the  bounds  of  Athole.  The 
earl,  to  repair  this  wrong  done  to  his  people,  prepared  to  in- 
vade Argyle,  and  he  making  to  defend  his  country,  all  those 
parts  were  in  an  uproar.  This  reported  to  the  regent,  a 
messenger  of  arms  was  sent  to  discharge  those  convocations, 
and  cite  them  both  before  the  council ;  but  they  disobeyed, 
and  by  the  mediation  of  friends  were  shortly  after  recon- 
ciled. 

This  trouble  was  no  sooner  pacified,  than  upon  an  injury 
done  by  the  Clandonald  to  the  earl  of  Argyle,  he  took  arms ; 
and  being  charged  to  dissolve  his  forces,  instead  of  obeying 
he  laid  hands  on  the  messenger,  tore  his  letters  in  pieces,  and 
made  him  and  his  witnesses  swear  never  to  return  into  Ar- 
gyle for  the  like  business.  This  insolency,  whereof  the  like 
had  not  been  seen  nor  heard  since  the  regent's  acceptation  of 
the  government,  incensed  him  mightily ;  but  not  knowing 
how  to  overtake  him  in  that  season  (for  it  was  done  in  the 
beginning  of  Avinter),  he  resolved  to  use  the  course  of  law, 
and  proclaimed  him  rebel. 

Alexander  Erskine,  who  attended  the  king,  having  his  own 
discontents,  and  trusting  to  better  his  condition  by  a  change 
of  the  government,  dealt  secretly  with  the  two  earls,  Argyle 
and  Athole,  after  he  understood  them  to  be  agreed,  and  ad- 
vised them  to  come,  one  after  another,  but  much  about  one 
time,  and  mean  their  case  to  the  king,  to  whom  he  promised 
they  should  find  access.  Argyle  coming  first  complained  of 
the  regent's  extreme  dealing,  in  that  he  had  denounced  him 
rebel  to  his  majesty,  whose  true  and  faithful  servant  he  had 
always  been,  and  requested  his  majesty  to  assemble  the 


206  THE  HISTORY  OF  THE  [a.  D.  1577. 

nobility,  and  do  him  right  according  to  the  laws ;  withal  he 
entreated  that  he  might  be  permitted  to  remain  with  his 
majesty,  till  the  nobility  should  meet  for  trial  of  his  complaint. 
The  earl  of  Athole  came  some  two  days  after,  to  whom  the 
king  did  communicate  Argyle's  complaint,  craving  his  advice 
in  the  business.  And  he,  as  though  he  had  known  nothing 
of  the  matter,  answered  that  the  nobleman's  petition  seemed 
reasonable,  and  that  his  majesty  could  not  take  a  better 
course  than  call  the  nobility,  and  by  their  advice  take  order 
for  preventing  the  troubles  that  might  arise  by  their  dissen- 
sions. The  king,  lildng  the  advice,  commanded  letters  to  be 
written  for  all  the  noblemen  in  the  country  to  meet  at  Stir- 
ling the  10th  day  of  March  :  yet  the  advertisement  went  only 
(the  two  earls  having  the  direction  of  the  letters)  to  those 
that  were  their  own  friends,  and  enemies  to  the  regent. 
Amongst  others,  the  Lords  Maxwell  and  Ogilvy  were  in- 
vited to  come ;  of  whom  the  first  had  been  lately  displaced 
from  his  office  of  wardenry  in  the  west  marches,  and  commit- 
ted in  the  castle  of  Blackness  ;  the  other  had  of  a  long  time 
been  confined  in  the  city  of  St  Andrews. 

How  soon  the  regent  was  advertised  of  Argyle  and 
Athole's  being  with  the  king,  and  that  they  had  moved 
him  to  call  the  nobility  to  a  meeting  upon  a  pretext  of 
trying  Argyle's  complaint,  he  sent  the  earl  of  Angus,  the 
Lord  Glammis,  chancellor,  and  the  Lord  Ruthven,  treasurer, 
with  a  letter  and  certain  notes  under  his  hand  to  be  com- 
municated to  the  king.  In  the  notes,  he  made  a  particu- 
lar relation  of  the  contempt  done  by  the  earl  of  Argyle  to 
his  majesty's  authority,  and  of  his  practices  with  Athole  to 
disturb  the  common  peace,  desiring  to  know  his  majesty's 
pleasure  concerning  them  ;  "  That  if  his  highness  would  allow 
him  to  follow  the  course  of  law,  he  might  do  his  duty  ;  if 
otherwise  his  majesty  thought  fit  to  oversee  their  disobedi- 
ence, that  he  would  be  pleased  to  disburden  him  of  his  office, 
and  not  suffer  his  own  name  and  authority  to  be  despised  in 
the  person  of  his  servant :  for,  as  he  had  at  sundry  times 
made  offer  to  dimit  the  regiment  whensoever  his  majesty  was 
pleased  to  take  it  in  his  own  hands,  so  will  he  now  most  wil- 
lingly resign  the  same,  so  as  a  substantial  course  were  taken 
for  the  preservation  of  his  highness's  person,  the  ordering  of 
his  majesty's  house,  and  the  dispensing  of  the  revenues  of  the 


A.  D.   1577.]  CHURCH  OF  SCOTLAND.  207 

crown."  Herewith  he  recommended  the  keeping  of  the 
peace  contracted  with  England,  because  of  the  danger  that  a 
war  might  bring,  not  only  to  the  realm,  but  also  to  his  high- 
ness's  title  and  right  of  succession  in  that  kingdom.  And 
having  recounted  the  services  done  by  himself  from  his 
majesty's  birth  unto  that  present,  specially  his  assistance  at 
the  king's  coronation,  the  danger  whereunto  he  exposed  him- 
self and  liis  friends  in  Langside  field,  and  at  the  siege  of 
Brechin,  the  legations  which  he  had  undertaken  to  England, 
the  recovery  of  the  castle  of  Edinburgh,  the  pacification  of 
the  realm,  which,  at  his  entry  to  the  government,  he  found  in 
great  trouble,  the  redeeming  of  the  jewels  and  moveables 
pertaining  to  the  crown,  and  the  restoring  of  the  royal  patri- 
mony to  some  reasonable  estate  ;  in  regard  of  all  these 
services  he  craved  no  more  but  an  allowance  of  what  he  had 
done  in  his  ofiice,  and  a  discharge  of  his  intromissions  by  the 
Estates  of  parliament. 

These  notes  being  showed  to  the  noblemen  who  were 
about  the  king  (for  numbers  were  come  upon  the  rumour  of 
a  change  that  was  in  hand),  they  did  all  advise  him  to  take 
hold  of  the  offer  of  dimission  made  by  the  regent,  and  accept 
the  government  in  his  own  person,  after  which  he  might  de- 
liberate upon  such  things  as  the  regent  had  moved.  Some 
were  of  opinion  that  the  king  should  write  to  the  regent,  and 
require  of  him  a  dimission  ;  but  the  greater  part  misliking 
delays,  did  reckon  it  more  sure  to  do  that  which  was  meant 
at  once,  and  not  to  protract  time  with  a  communing,  such  as 
that  manner  of  proceeding  would  necessarily  breed.  The 
king  liking  best  the  persuasions  that  were  given  him  to 
reign  (a  thing  natural  to  princes),  resolution  was  taken  to 
discharge  the  regent  of  his  authority,  and  publish  the  king's 
acceptation  of  the  government. 

This  conclusion  was  the  same  day  imparted  to  the  regent, 
who  thereupon  sent  the  laird  of  Whittingham  to  desire  the 
king,  before  any  innovation  was  made,  to  reconcile  those  of 
the  nobility  that  were  in  variance  with  others,  thinking  this 
way  to  hold  off  the  pubhcation  intended,  at  least  for  some 
days.  But  it  availed  nothing,  for  immediately  were  the 
chancellor  and  Lord  Herries  sent  with  this  commission  to 
him  in  writing  :  "  That  his  majesty  considering  the  dislike 
which  many  had  of  his  government,  and  the  apparent  troubles 


208  THE    HISTORY  OF  THE  [a.  D.  1577. 

to  fall  upon  the  realm,  had,  by  the  advice  of  the  nobility,  de- 
termined to  accept  the  rule  in  his  own  person  ;  and  because 
delay  of  time  might  breed  some  farther  grudge  and  incon- 
venience, he  did  therefore  require  him  to  send  his  declaration 
in  writ  with  all  speed,  for  testifying  his  obedience  and  allow- 
ance of  what  was  done,  and  to  abstain  from  all  farther  admin- 
istration or  exercise  of  the  office  of  regency.  As  concerning 
his  desires  for  the  surety  of  his  majesty's  person,  the  order- 
ing of  his  house  and  revenues  of  the  crown,  with  preservation 
of  the  peace  with  England,  and  the  settling  of  the  borders 
and  highlands,  his  highness  should  omit  nothing  that  lay  in 
his  power  to  do  for  effecting  the  same,  and  therein  would 
follow  the  counsel  which  he  and  the  rest  of  the  nobiUty 
should  give  unto  him.  And  for  the  discharge  of  his  admin- 
istration, he  should  have  all  granted  which  with  reason  he 
could  require  ;  the  form  whereof  his  majesty  did  will  him  to 
draw  up,  that  he  might  deliberate  with  his  council  what  was 
fit  to  be  done  therein,  assuring  him  that  he  should  be  well 
and  graciously  used,"  With  this  commission  they  did  like- 
wise carry  a  letter  written  by  the  king  himself  in  very 
loving  terms,  declaring,  "  That  because  he  saw  no  other 
way  to  maintain  concord  amongst  his  subjects,  he  had  ac- 
cepted the  government  in  his  own  hands,  and  that  he  was 
confident  to  have  the  defects  of  his  age  and  experience 
supphed  by  his  nobility,  especially  by  himself,  whom  he 
would  ever  love  and  acknowledge  as  his  trusty  cousin,  most 
tender  to  him  in  blood,"  (these  be  the  words  of  the  letter,) 
"  and  one  of  his  true  and  faithful  counsellors." 

In  the  meantime  the  king's  acceptation  was  pubHshed  at 
Stirhng,  and  the  next  day,  being  the  twelfth  of  March,  pro- 
claimed at  Edinburgh,  where  the  regent  himself  was  assisting, 
and  took  instruments  of  his  dimission  in  the  hands  of  two 
notaries.  It  grieved  divers  of  his  friends  that  he  had  so 
easily  condescended  to  quit  the  place,  which  they  thought 
he  might  with  good  reason  have  kept  till  a  parhament  had 
been  called  for  that  purpose.  Amongst  others  the  Lord 
Boyd,  who  was  most  entire  with  him,  and  came  to  Edinburgh 
some  few  hours  after  his  dimission,  did  chide  him  bitterly, 
speaking  to  this  effect :  "  That  he  did  presume  too  much  of 
his  own  wit,  who  in  a  matter  of  so  great  moment  would  not 
once  ask  the  opinion  of  his  friends  ;   and  that  in  a  short  time 


A.  D.  1577.]  CIIUHCII  OF  SCOTLAND,  209 

he  should  find  thcit  he  had  done  unwisely  to  forsake  the 
place  committed  to  him  by  the  whole  Estates  of  the  kingdom 
at  the  pleasure  of  his  enemies,  P'or  it  is  sufficiently  known," 
said  he,  "  that  the  king  is  a  child,  and  that  these  motions 
have  not  proceeded  from  himself.  Now  when  he  hath  as- 
sumed the  government,  and  ye  left  the  place  intrusted  to 
you,  shall  he  not  be  governed  by  those  that  are  about  him, 
whom  you  know  to  be  your  enemies  ?  But  ye  perhaps  do 
promise  ease  and  safety  to  yourself  in  a  private  life,  as  if  you 
might  descend  without  any  danger  from  the  place  which  ye 
have  held.  Wise  men  have  observed  that  between  highest 
and  nothing  there  is  not  a  mean  ;  and  it  fears  me  you  have 
wronged  yourself  in  imagining  the  rest  you  shall  never  find. 
If  you  had  kept  your  place,  they  should  have  seen  the  faces 
of  men,  and  not  carried  things  thus  at  their  pleasure ;  but 
having  forsaken  yourself,  there  is  nothing  left  to  your 
friends  but  to  lament  your  misfortune,  and  God  grant  that 
this  be  the  worst  of  things."  This  said,  he  went  aside,  and 
burst  forth  in  tears.  The  regent  (whom  we  will  no  more 
call  so)  excused  his  doing  by  the  instance  that  the  king  made 
for  his  dimission,  saying,  that  his  refuse  would  have  made  a 
great  commotion  in  the  realm ;  yet  did  he  perceive  his  error, 
and  in  his  secret  thoughts,  which  he  covered  so  well  as  he 
could,  blamed  his  own  rash  and  precipitate  yielding.  But 
there  being  no  place  left  to  resile,  the  next  best  he  thought 
was  to  secure  himself  and  his  friends,  by  discharge  of  all 
things  that  might  be  laid  to  him  or  them  during  his  ad- 
ministration ;  and  therein  he  employed  the  earl  of  Angus 
and  the  chancellor,  whom  he  did  constitute  his  procurators 
to  compear  before  the  king,  and  make  dimission  of  his  office 
with  such  solemnities  as  by  law  were  requisite. 

This  done,  the  discharge  was  given  him  in  most  ample 
form.  Therein,  after  a  general  approbation  of  his  service, 
he  was  declared  not  to  be  accusable  of  any  manner  of  crime, 
of  whatsoever  greatness  or  weight  without  exception,  that 
might  be  alleged  to  have  been  committed  by  him  in  times 
past :  which  declaration  was  ordained  to  be  as  valid  and 
sufficient  in  all  respects,  as  if  the  highest  crime  that  could  or 
might  be  imputed  to  any  person  had  been  specially  expressed 
in  the  same.  He  was  also  exonered  of  all  sums  of  money, 
rents,  and  profits,  as  well  of  property  as  casualty  intromitted 

VOL.  II.  14 


210      THE  HISTORY  OF  THE  CHURCH  OF  SCOTLAND,    [a.  D.  1577. 

with  by  him  or  his  factors  and  servants  since  his  acceptation 
of  the  regiment,  (the  jewels  of  the  crown,  the  furniture  of 
his  majesty's  house,  munition  and  artillery  only  excepted). 
A  provision  was  adjected,  "  That  the  present  discharge 
should  not  prejudge  the  king  and  his  successors  in  the  re- 
vocation or  reduction  of  whatsoever  enfeoffments  given  of  the 
property  during  his  highness's  minority,  or  of  whatsoever 
lands,  lordships,  offices,  or  dignities,  fallen  in  his  majesty's 
hands  by  forfeiture,  recognition,  bastardy,  or  by  any  other 
right  and  pi-ivilege  of  the  crown."  In  all  other  points 
the  discharge  was  ordained  to  stand  firm  and  sure  for  him, 
his  heirs  and  successors,  and  the  same  never  to  be  revoked, 
or  anything  attempted  to  the  contrary  ;  and  for  his  greater 
assurance,  the  same  was  promised  to  be  confirmed  by  the 
Estates  of  parliament  in  their  first  convention  and  meeting. 
The  noblemen  and  others  of  the  Estates  then  present  with 
the  king  did  likewise  bind  themselves,  their  heirs  and  suc- 
cessors, to  see  all  the  foresaid  points  truly  fulfilled,  under  the 
pain  of  five  hundred  thousand  pounds.  So  as  nothing  was 
omitted  which  he  could  devise  for  his  securing ;  yet  in  all 
this  he  found  no  assurance  ;  to  teach  men  that  it  is  not  to  be 
had  in  any  worldly  thing,  but  to  be  sought  of  God  alone. 
All  men  are  compelled  to  acknowledge  so  much  in  the  end, 
though  often  too  late ;  which  was  the  case  of  this  nobleman, 
as  we  shall  hear.  But  better  late,  as  the  saying  is,  than 
never. 


NOTES  TO  BOOK  V. 


NOTE  I.     P.  93. 

THE  PEST  OF  1568. 


[While  the  Regent  Murray  was  in  England,  upon  the  mission  narrated  in 
the  text,  Edinburgh  was  visited  with  a  severe  infliction  of  the  plague,  or  "  the 
pest,"  to  which  our  modern  scourge,  the  cholera,  is  comparatively  mild.  I  find, 
among  the  many  curious  notices  contained  in  the  ancient  Protocol  Books  of  the 
city  of  Edinburgh,  that,  on  the  5th  of  October  1568,  the  regent,  on  the  eve  of  his 
departure,  sent  a  letter  to  the  town  council  desiring  them  to  continue  their  ma- 
gistrates, lest  through  the  refusal,  or  their  inexperience  of  persons  newly  chosen, 
the  rigorous  measures  adopted  against  "  the  pest  "  should  be  obstructed.  This 
the  council  obeyed  under  protest.  Upon  the  8th  of  April  1568,  William  Smyth, 
and  "  his  spous  Black  Meg,"  are  cnpUally  condemned  for  "  concealing  the  pest 
in  their  house."  In  the  town  council  register  of  this  year  appear  some  very 
stringent .  regulations  on  the  subject,  which  ought  to  reconcile  us  to  the  present 
milder  condition  of  the  plague  and  its  penalties.  "  That  with  all  diligence 
possible,  sa  sone  as  ony  hous  sail  be  infectit,  the  haill  houshold,  with  thair  gudds, 
be  despescit  to  the  Mure,  the  deid  buriet,  and,  with  like  diligence,  the  hous  clenzit." 
"  That  na  maner  of  persoun  pass  to  the  Mure  for  vesiting  of  thair  friends  thair, 
quhill  [until]  eleven  hours  before  none,  in  companie  with  the  oflB.car  appoyntit 
for  that  day,  under  the  pane  of  deid."  The  Moor  referred  to  in  these  orders  is 
the  well-known  Borough-moor,  to  the  south-west  of  the  city.  There  was  a  great 
cauldron  estabUshed  there  for  boiling  the  clothes  of  the  infected,  and  a  few 
miserable  hovels  erected  to  house  them.  And  upon  this  waste  the  poorer  class 
of  the  sufferers  were  driven  out,  like  droves  of  cattle,  to  grovel  and  to  die.  Yet 
if  they  were  supposed  to  have  "  concealed  the  pest "  in  their  own  dwellings,  they 
were  hanged  or  drowned.  Hard  by  the  Borough -moor  stood,  and  still  stands, 
the  baronial  castle  of  Merchiston,  the  principal  seat  of  Sir  Archibald  Napier, 
father  of  the  inventor  of  logarithms.  He  and  his  family  appear  to  have  run  no 
small  risk  at  this  period.  Exactly  a  century  later,  Newton  was  driven  from 
Cambridge  by  the  plague  which  then  ravaged  England.  It  appears  from  the 
Privy  Council  Records  that  Sir  Archibald  had  incurred  the  displeasure  of  the 
regency  for  his  loyalty,  and  was  ordered  to  confine  himself  within  the  burgh  of 
Edinburgh,  or  his  house  of  Merchiston,  and  to  compear  before  the  council  when 
called  for,  under  a  penalty  of  two  thousand  pounds.  This  order  is  dated  ISth 
August  1568.  His  brother-in-law,  the  bishop  of  Orkney,  of  whom  some  account 
is  given  in  the  note  to  Book  IV.,  was  about  that  time  on  the  point  of  accom- 
panying the  Regent  Murray  in  his  mission  into  England,  when  he  wrote  the 
following  very  curious  letter  to  the  laird  of  Merchiston,  which  is  yet  preserved 
in  the  Napier  charter-chest.  It  is  interesting  to  find  so  familiar  a  record  of  the 
state  of  the  times  in  Edinburgh  nearly  three  centuries  ago,  and  from  an  histori- 
cal character  like  the  bishop  of  Orkney.  It  will  be  observed  that  the  bishop 
mentions   as   places    within  a  mile    of  Edinburgh,    Gray-Cruik,   Tnnerleth, 


212 


NOTES  TO  BOOK  V. 


and  Weirdie,  which  I  take  to  be  the  places  yet  so  well  known  by  the  names  of 
Craigcrook,  Inverleith,  and  Wardie. 

"  Richt  Honorabill  Schir  and  Bruther,  I  haird,  the  day,  the  rigorous  answer 
and  refuis  that  ye  gat,  quhairof  I  wes  not  wele  apayit :  Bot  alwayis  I  pray  you, 
as  ye  arr  sett  amiddis  betwix  twa  grete  iucouvenientis,  travell  to  eschew  thame 
baith :  The  ane  is  maist  evident ;  to  wit,  the  remaining  in  your  awin  place 
where  ye  ar  ;  for,  be  the  nummer  of  seik  folk  that  gais  out  of  the  toun,  the  muir 
is  abill  to  be  ovirspred  ;  and  it  cannot  be  bot,  throw  the  nearness  of  your  place, 
and  the  indigence  of  thame  that  are  put  out,  thai  sail  continewally  repair 
aboutte  your  roume,  and  throw  thair  conversation  infect  sum  of  your  servandis, 
quairby  thai  sail  precipitat  yourself  and  your  children  in  maist  extreme  danger: 
And,  as  I  se,  ye  hef  forsene  the  same  for  the  young  folk,  quais  bluid  is  in  maist 
perrell  to  be  infectit  first,  and  therefoir  purposis  to  send  thame  away  to  Men- 
teith,  quhair  I  wald  wiss  at  God  that  ye  war  yourself,  without  offence  of 
authoritie,  or  of  your  band,  sua  that  your  houss  gat  na  skaith.  Bot  yit,  Schir, 
thair  is  ane  midway  quhilk  ye  suld  not  omit,  quhilk  is,  to  withdra  you  fra  that 
syid  of  the  toun  to  sum  houss  upon  the  north  syid  of  the  samin ;  quhairof  ye 
may  hef  in  borrowing,  quhen  ye  sail  hef  to  do  ;  to  wit,  the  Gray-Cruik,  Inner- 
lethis  self,  Weirdie,  or  sic  uther  placis  as  ye  culd  chose  within  ane  myle  ;  quhair- 
into  I  wald  suppois  ye  wald  be  in  les  danger  than  in  Merchanstoun  :  And  close 
up  your  houssis,  your  grangis,  your  barnis,  and  all,  and  suffer  na  man  cum  therin, 
quhill  it  plesit  God  to  put  ane  stay  to  this  grete  plage  ;  and  in  the  mein  tyme 
maid  you  to  leve  upon  your  penny,  or  on  sic  thing  as  comis  to  you  out  of  the 
Lennos  or  Menteith:  Quhilk  gif  ye  do  not,  I  se  ye  will  ruine  yourself;  and 
howbeit  I  escape  in  this  wayage,  I  will  nevir  luik  for  to  se  you  again,  quhilk 
war  some  mair  regrate  to  me  than  I  will  expreme  be  writing.  Alwayis  besekis 
you,  as  ye  luif  your  awin  wele,  the  wele  of  your  houss,  and  us  your  freindis  that 
wald  your  wele,  to  tak  suir  order  in  this  behalf;  and  howbeit  your  evill  favoraris 
wald  cast  you  away,  yit  ye  tak  better  keip  upon  yourself,  and  mak  not  thame  to 
rejoce,  and  as  your  freindis  to  murne  baith  at  anis  :  Quhilk  God  forbid,  and  for 
his  guidnes  preserve  you  and  your  posteritie  from  sic  skaith,  and  manteine  you 
in  holie  keeping  for  erir. 

Of  Edinburgh,  the  21st  day  of  September  1568,  be 

Your  Bruther  at  power 

"  To  the  Richt  Honarabill  The  Bischop  of  Orknay. 

and  our  weilbelovit  Bruther, 
the  Laird  of  Merchanstoun." 

This  laird,  however,  and  all  his  children,  escaped  the  plague.  He  died  at  a 
very  advanced  age  in  1 608,  after  having  been  for  many  years  Master  of  the  Mint, 
or,  as  it  was  then  termed  in  Scotland,  "  General  of  the  Cunziehous."  Robert 
Birrell,  in  his  contemporary  diary,  notes,  "  that  upon  the  10th  of  September  1604, 
the  General  Maisterof  the  Cunziehous  tuik  shipping  to  Lundone,for  the  defence 
of  the  Scottis  cunzie  before  the  counsell  of  England,  quha  defendit  the  same  to  the 
uttirmost ;  and  the  wit  and  knowledge  of  the  General  wes  wunderit  at  be  the 
Englischmen."  This  event  seems  to  have  created  a  great  sensation  at  the  time, 
and  the  manner  in  which  it  is  noted  by  contemporary  chroniclers  implies  that 
scientific  talent  was  hereditary  in  his  illustrious  son.  Sir  James  Balfour  also 
records  :  "  10th  September  1604,  Napier,  laird  of  Merchistoun,  General  of  the 
Cunziehous,  went  to  London  to  treat  with  the  English  commissioners  anent  the 
cunzie,  who,  to  the  great  amazement  of  the  English,  carried  his  business  with  a 
great  deal  of  dexterity  and  skill ;  and,  having  concluded  the  business  he  went 
for,  he  returned  home  in  December  thereafter." 

It  was  in  the  midst  of  the  fearful  devastation  to  which  the  bishop  of  Orkney 
refers,  in  the  letter  above  quoted,  that  the  celebrated  George  Bannatyne  col- 


NOTES  TO  BOOK  V.  213 

lected  the  poetry  of  Scotland.  His  patriotic  industry  has  obtained  a  grateful 
commemoration,  and  illustrious  monument,  from  the  institution  of  the  "  Banna- 
tyne  Club,"  and  the  compilation  of  his  memoirs,  by  its  first  President,  Sir 
Walter  Scott.  I  have  seen  a  curious  pamphlet  entitled,  "  Ane  breve  descrip- 
tioun  of  the  Pest,  quairin  the  causis,  signis,  and  sum  speciall  preservatioun  and 
cure  thairof  are  contenit,  set  furth  be  Maister  Gilbert  Skeyne,  Doctour  in  Medi- 
cine, imprentit  at  Edinburgh  be  Robert  Lekpreck,  1568."  The  doctor  strongly 
advises  to  take  "  conseill "  of  "  well  lernit  phisicians,  for,"  says  he,  "  in  this  pes- 
tilenciall  diseis  everie  ain  is  mair  blind  nor  the  moudeuart  in  sic  thingis  as  con- 
cernis  thair  awin  helth  ;  and  besyde  that,  everie  ane  is  becum  sa  detestable  to 
uther  (quhilk  is  to  be  lameutit),  and  specialle  the  pure  in  sight  of  the  riche,  as 
gif  they  var  not  equall  with  tham  twichand  thair  creatioun,  but  rather  without 
saule  or  spirite,  as  beistis  degenerate  fra  mankynd." 

It  is  to  be  feared  that  the  very  melancholy  picture  of  the  times,  afforded  by 
this  worthy  physician,  is  but  too  true.— E.] 


NOTE  11.     P.  158. 

THE  KING  AND  QUEEN'S  WARS.-SIR  WILLIAM  KIRKCALDY 
OF  GRANGE.— SIEGES  OF  MERCHISTON  CASTLE. 

[Spottiswoode  is  curiously  and  amply  confirmed  in  this  melancholy  passage  by 
all  the  quaint  contemporary  chroniclers  of  the  period.  At  the  time  of  the  king 
and  queen's  wars,  during  the  latter  half  of  the  sixteenth  century,  there  were 
many  fine  old  residences  of  the  Scottish  lairds  or  lesser  barons,  in  the  neighbour- 
hood of  the  capital,  which  were  turned  into  garrisons,  or  otherwise  dilapidated 
and  ruined.  Some  of  these  were  the  seats  of  learning,  and  one  at  least  of  science; 
and  their  owners,  as  our  author  remarks,  entirely  disposed  to  peace  and  quiet- 
ness. Yet  nothing  could  save  them,  or  their  houses,  from  the  prevailing  storms. 
Indeed  the  quiet  men  generally  suffered  most ;  for  they  were  alternately  sus- 
pected and  annoyed  by  either  party.  During  these  turmoils,  the  English 
ambassador.  Sir  William  Drury,  went  a  progress  through  Scotland,  to  inspect 
the  strongholds  of  the  king's  party ;  and  in  pursuance  of  his  ad^ce,  the  Regent 
Mar,  whose  humane  and  gentle  dispositions  soon  sank  under  the  policy  he  was 
constrained  to  pursue,  endeavoured  to  reduce  the  town  of  Edinburgh  to  absolute 
famine.  With  this  view,  says  the  Pollock  manuscript,  "  the  regent  and  the 
king's  favouraris,  stvffit  (garrisoned)  the  houssis  of  Craigmillar,  Merchingstoun, 
Sclatfurd,  Reidhall,  Corstorphine,  and  the  college  thairof,  and  the  abbey,  with 
all  places  about  the  town  of  Edinburgh."  And  also  "  all  inhabtouris  within 
two  myles  to  Edinburgh  wer  constranit  to  leave  thair  houssis  and  landis,  to  that 
effect  Edinburgh  sould  have  na  furneissing  ;  and  damnit  poor  men  and  women 
to  the  deid,  for  inbringing  of  victuallis  to  Edinburgh."  Other  parts  of  Scotland 
suffered  the  same  infliction.  After  the  battle  of  Langside,  the  privy-council  of 
the  regent  issued  letters  charging  certain  barons  to  yield  up  their  strongholds 
to  the  bearers  of  the  letters,  "  to  be  kepit  be  thame,  and  to  devoid  and  red  thame- 
sellis,  thair  servandis  and  gudis,  furth  of  the  samyn,  within  sex  houris,  under 
pains  of  treason;"  and  this  because  the  owners  were  queen's  men;  "that  is  to 
say,  Andro  Hamiltoun  of  Cochno,  the  tour  and  fortalice  of  Cochno  ;"  and,  after 
many  others  named,  "  James  Streueling  of  Keir,  the  house  and  fortalice  of  Keir: 
the  said  James  Streueling  of  Keir,  the  tour  and  fortalice  of  Cadder."  These 
places  are  still  in  possession  of  the  families  of_  Hamilton  and  Stirling  respec- 
tively. At  this  very  time  the  eldest  son  of  Sir  Archibald  Napier  of  Merchiston, 
who  became  so  distinguished  in  science,  was  married  to  the  daughter  of  Sir 
James  Stirling  of  Keir  and  Cadder ;  and  as  the  family  mansions  of  both  the 


214  NOTES  TO  BOOK  V. 

bride  and  bridegroom  were  then  continually  in  a  state  of  siege,  it  is  difficult  to 
conceiye  where  such  a  ceremony  as  a  family  wedding  could  come  off.  Yet, 
although  the  king  and  queen's  wars  visited  every  roof-tree  in  the  richest  districts 
of  Scotland,  the  families  intermarried  and  begot  sons  and  daughters  as  usual. 
It  is  more  surprising,  that,  amidst  all  this  turmoil,  in  which  he  was  no  passive 
spectator,  John  Napier  pursued  and  brought  to  perfection  those  mathematical 
studies  which,  at  the  commencement  of  the  following  century,  bestowed  so  great 
a  boon  upon  the  world,  and  earned  for  his  country  so  proud  a  place  in  the  annals 
of  science. 

And  here  we  must  notice  what  seems  to  be  a  very  extraordinary  mistake,— 
with  regard  to  the  social  condition  of  Scotland  at  a  period  even  later  than  that 
under  consideration,— committed  by  Mr  Macaulay  in  his  recent  History  of  Eng- 
land. He  is  speaking  of  the  more  modern  era,  when  the  union  of  the  crowns  had 
placed  the  resources  of  three  kingdoms  at  the  command  of  one  monarch  ;  and  he 
contrasts  the  conditions,  intellectual  and  social,  of  Scotland  and  Ireland.  "  In 
mental  cultivation,"  says  Mr  Macaulay,  "  Scotland  had  an  indisputable  superi- 
ority. Though  that  kingdom  was  then  the  poorest  in  Christendom,  it  already  vied 
in  every  branch  of  learning  with  the  most  favoured  countries.  Scotsmen,  whose 
dwellings  and  irhose  food  were  as  wretched  as  those  of  the  Icelanders  of  our  time, 
wrote  Latin  verse  with  more  than  the  delicacy  of  Vida,  and  made  discoveries  in 
science  which  would  have  added  to  the  renown  of  Galileo."  (Macaulay's  Hist, 
vol.  i.  p.  65\. 

Such  has  been  the  progress  of  improvement  throughout  the  world,  that  we 
scarcely  know  if  "  the  Icelanders  of  our  time  "  are  equally  suggestive  of  whale- 
ribs  for  roof-trees,  and  blubber  for  food,  as  the  Icelander  "  of  auld."  Poetry 
formerly  flourished  very  much  in  Iceland  ;  and  Egil  Skallagrimson,  Kormack 
Ormundson,  Glum  Geirson,  and  Thorlief  larlaa,  were  celebrated  as  poets, — 
whether  equal  to  Vida  we  cannot  say.  But  who  were  these  "  Scotsmen  "  that 
lived  like  savages,  and  at  the  same  time  wrote  with  the  pens  of  immortality,  at 
the  commencement  of  the  reign  of  James  the  Sixth  in  England  ?  Mr  Macaulay 
proceeds  to  tell  us, "  Ireland  could  boast  of  no  Buchanan  or  Napier." 

Somevehat  poor,  no  doubt,  was  Scotland  then, — not  over-rich  now.  Many  a 
hovel  among  the  retainers,  and  many  a  rough  and  Runic  board  among  the  barons, 
bore  witness  to  the  slow  march  of  improvement  and  civilisation  there.  But  those 
who  trust  to  the  brilliant  generalizations  of  this  popular  and  lively  historian, 
and  suppose  that  they  have  here  the  true  characteristics  of  an  age  and  country 
compressed  into  a  pointed  sentence,  will  be  misled.  Whoso  treats  such  gener- 
alizations as  oracular  truths,  and  attempts  to  elongate  them,  like  the  precious 
web  from  the  fairy's  nutshell,  or  to  explore  the  depths  and  sources  of  these  spark- 
ling productions,will  find  that  they  have  but  killed  the  bird  that  laid  the  golden  egg. 
Buchanan  (whom,  however,  we  must  leave  with  his  rival  Vida)  might  have  dated 
his  poetry  from  a  palace  ;  and  many  were  the  regal  tit-bits,  the  savoury  crumbs 
of  pasties  and  preserves,  the  savoy -amber,  the  pistache-amber,  and  the  fennell, 
that  adhered  to  the  liquorish  beard  of  the  royal  dominie.  Napier,  on  the  other 
hand,  inhabited  a  stately  castle  of  his  own,  which  had  stood  innumerable  sieges, 
which  is  standing  and  inhabited  to  this  hour  ;  and  the  only  Icelandish  parts  of 
the  structure  are  the  modern  additions.  It  is  to  the  father  of  Napier,  that  the 
bishop  of  Orkney  addresses  the  letter  on  the  subject  of  the  plague  of  1568,  as 
given  in  the  previous  note.  He  there  speaks  of  the  outhouses,  the  granges,  and 
the  barns,  which  formed  the  outworks  ofthecastleofMerchiston,  all  indicative  of 
a  great  and  substantial  dwelling.  Moreover,  he  recommends  a  temporary  re- 
treat to  the  places  of  Gray-cruik,  Inuerleth,  and  Weirdie,  as  a  choice  of  friendly 
residences  less  infected  with  the  prevailing  epidemic.  The  laird's  children  had 
been  sent,  for  salubrious  air,  to  the  Lennox  and  Menteith,  where  Napier  pos- 
sessed more  than  one  family  mansion  very  far  removed  from  the  condition  of  an 
Icelandish  cave.    We  take  the  instance  which  the  historian  quotes.    He  says. 


NOTES  TO  BOOK  V.  215 

unequivocally,  that  the  "  Scotsmen,"  who,  such  as  Napier,  raised  their  country 
in  science  to  a  comparison  with  that  of  Galileo,  were  the  same  "  whose  dwell- 
ings and  whose  food  were  as  wretched  as  those  of  the  Icelanders  of  our  time." 
The  historian's  proposition  is  lame  in  both  of  its  limbs.  Napier  is  a  solitary  in- 
stance of  science  in  Scotland.  He  was  a  century  and  more  before  his  time  there. 
He  is  no  characteristic  of  the  intellectual  condition  of  Scotland  of  his  day.  In 
regard  to  that,  he  is  a  rose  in  the  wilderness,— a  spring  in  the  desert.  On  the 
other  hand,  neither  in  dwelling  nor  in  feeding  were  his  habits  Icelandish.  He 
dwelt  within  walls,  wherein  he  could  be  married,  and  put  to  bed,  while  his 
cousin,  Kirkcaldy  of  Grange,  was  battering  them  with  great  guns  from  the 
castle.  He  and  his  father  were  great  store-farmers,  as  well  as  deeply  versant  in 
science.  They  had  their  beeves  and  their  oxen  ;  and  their  voluminous  beards 
grew  out  of  the  best  of  beef  and  mutton.  The  lower  classes,  no  doubt,  were 
poorly  lodged  and  fed.  Many  are  so  still.  But  that  is  not  what  the  historian 
says  or  means.  Let  him  look  at  the  catalogue  of  family  dwellings  that  were 
"  stuffit"  i.  e.  garrisoned  by  one  or  other  of  the  contending  parties,  during  the 
king  and  queen's  wars.  Not  to  mention  the  great  places  of  the  higher  nobility, 
were  the  houses  of  Merchiston,  Braid,  Craigmillar,  Barnbougall,  Keir,  Cadder, 
Cochno,Gray-Cruik,  Weirdie,  Innerleth,  Grange,  Ediubellie,  Gartness,  Nydrie- 
Seytoun,  Slateford,  Reidhall,  Corstorphine,  Wrychtishoussis,  Dundas,  and  scores 
of  others,  all  "  dwellings  of  Scotsmen"  long  prior  to  the  period  to  which  Mr 
Macaulay  refers,— were  these  like  caves  of  the  savage  Icelander,  only  rich  in 
the  ribs  of  whales,  and  redolent  of  blubber  ? 

Two  notable  examples  of  "  quiet  men,"  whose  high  characters  and  means 
and  substance  would  have  made  them  very  acceptable  to  either  faction,  was 
Sir  Archibald  Napier  and  his  immediate  neighbour  in  the  Lothians,  Fairley  of 
Braid.  Like  Merchiston,  the  laird  of  Braid  was  a  stanch  friend  to  the  Refor- 
mation, but  not  one  of  those  of  the  church  militant  who  were  leagued  witii 
factious  and  grasping  violence.  Richard  Banuatyue,  the  secretary  of  John 
Knox,  in  his  journal  of  the  period,  affords  an  anecdote  which  well  illustrates 
Spottiswoode's  account  of  the  turmoil  and  distress  which  these  unhappy  wars 
brought  upon  the  most  peaceably  disposed  families.  Upon  Friday,  the  •25th  of 
May  1571,  Fairley  of  Braid  was  sitting  quietly  at  supper,  his  own  miller  bearing 
him  company  (and  Mr  Macaulay  may  be  assured  that  the  board  savoured  not 
of  Iceland),  when  a  dozen  soldiers  attacked  the  miller's  house.  This  last  rushed 
from  his  supper  with  the  laird  to  the  rescue,  but  was  overpowered  by  the 
soldiers,  who  dragged  him  back  to  the  gate  of  Braid,  and  there  insulted  the 
laird  himself  with  vociferous  and  contumelious  speeches.  They  bade  him  come 
out  to  Captain  Melville,  or  they  would  "  burn  the  house  about  his  luggis."  The 
laird  "  being  a  guyet  man,"  told  them  to  depart ;  and  that  if  Captain  I^Ielville 
had  wanted  him,  he  would  not  have  sent  such  messengers.  But  immediately, 
seeing  his  miller  ill  used,  this  quiet  laird  sallied  out  with  a  huge  two-handed 
Bword,  followed  by  a  few  domestics,  and  lustily  laid  about  him  among  the 
soldiers.  His  escape  was  miraculous.  Their  "  hagbutteris,"  some  of  them 
loaded  with  three  bullets,  were  repeatedly  discharged  at  the  laird  of  Braid 
without  effect.  Meanwhile  he  had  struck  one  of  the  soldiers  to  the  ground  with 
the  flat  of  his  two-handed  sword,  and  immediately  made  him  his  prisoner  ;  but 
upon  the  body  of  this  unfortunate  soldier  the  bullets  intended  for  Braid  took 
deadly  effect.  The  soldiers  then  fled  to  Edinburgh,  and  alarmed  their  captain 
with  the  report  that  this  quiet  laird  was  marshalling  a  powerful  array  of  men- 
at-arms.  "  So  the  alarm  struck,  and  all  come  furth  to  the  querrell-holes  ;  bot 
hearing  the  truth,  were  staid  by  the  lait-d  of  Merchiston,  who  shaw  Captane 
Melving  that  there  were  uther  men  cuming  from  Dalkeyth  for  the  lardis  relief, 
as  that  they  did  with  speid." 

This  "  Captane  Melving  "  was  one  of  eight  sons  of  Helen  Napier  of  Merchis- 


216  NOTES  TO  BOOK  V. 

ton  (aunt  to  the  above  mentioned  laird)  and  Sir  John  Melville  of  Raith,  who 
were  all  devoted  to  Queen  Mary.  He  was  consequently  the  cousin-german  of 
Sir  Archibald  Napier.  Very  shortly  after  the  above  incident,  Melville  was 
blown  into  the  air  by  the  igniting  of  a  barrel  of  gunpowder,  which  he  was  in  the 
act  of  dealing  out  to  his  soldiers  on  Craigmillar  Hill.  There  was  great  lamen- 
tation by  the  queen's  party  for  his  death.  All  the  nobility  of  his  friends  followed 
him  to  the  grave,  over  which  his  nephew,  the  renowned  and  no  less  unfortunate 
Kirkcaldy  of  Grange,  pronounced  a  funeral  oration  to  his  soldiers.  His  brother, 
David  Melville,  was  placed  in  his  command.  He  is  not  mentioned  in  the  peer- 
age (Leven  and  Melville),  but  these  facts  may  be  gathered  from  a  comparison 
of  the  contemporary  iournals  of  Bannatyne,  Sir  James  Melville,  and  the  Pol- 
lock MS. 

The  castle  of  Edinburgh  was  then  in  possession  of  Sir  William  Kirkcaldy  of 
Grange,  whose  character  and  sad  fate  are  recorded  by  Spottiswoode  {supra,  p.  193). 
He  too  was  a  near  relative  of  Merchiston's,  his  mother  being  the  daughter  of 
Helen  Napier  and  Sir  John  Melville.  Grange  had  participated  in  the  murder 
of  Cardinal  Beaton,  the  only  stain  upon  a  shield  which  dazzled  even  the  chivalry 
of  France  with  the  valour  of  a  Scottish  knight.  An  exile  for  that  crime,  he 
served  in  the  wars  of  the  Low  Countries,  about  the  year  1553,  under  Henry  II. 
and  the  high  constable  Montmorency.  His  nephew,  James  Melville,  was  then 
the  favourite  secretary  of  the  constable,  and  at  his  side  in  battle.  Melville 
narrates  that  his  illustrious  master,  one  not  likely  to  be  astonished  by  deeds  of 
arms,  or  to  waive  his  dignity,  uncovered  when  he  addressed  Grange  ;  and 
Henry  II.,  who  took  the  proud  style  of  "  Protector  of  the  liberties  of  Germany 
and  its  captive  princes,"  and  while  victorious  over  Charles  V.,  pointed  to  this 
young  Scotsman,  in  the  presence  and  hearing  of  his  uncle,  James  Melville,  with 
these  memorable  words  :  "  Yonder  is  one  of  the  most  valiant  men  of  our  time." 

Sir  James  Melville  also  says,  that  Henry  II.  commonly  chose  Grange  on  his 
side  at  their  sports,  "  and  because  he  schot  faire  with  a  gret  schaft  at  the  buttis, 
the  king  wold  have  him  to  schut  twa  arrowes,  ane  for  his  pleasour  ;  and  the 
gret  constable  of  France  wold  not  speak  with  him  oncoverit :  he  was  humble, 
gentill,  and  meak  lyk  a  lamb  in  the  house  ;  but  lyk  alyon  in  the  feildis  ;  a  lusty, 
stark,  and  weill  proportionate  personage,  hardy  and  of  magnanyme  courage," 
(p.  257).  Such  was  he  upon  whom  these  miserable  king  and  queen's  wars  in  his 
own  country  brought  the  fate  of  the  meanest  felon.  Having  escaped  the  gibbet 
for  a  deed  of  his  youth  which  richly  merited  such  a  fate,  he  was  doomed  to  that 
ignominious  death,  after  a  career  in  arms  that  rivalled  the  chivalry  of  Europe, 
for  fidelity  to  his  trust,  and  devotion  to  his  queen.  In  vain  Drury  himself 
pledged  his  honour  for  the  life  of  Grange.  In  vain  did  a  hundred  of  his  kin 
offer  suit  and  service  to  Morton,  and  a  pension  of  three  thousand  merks,  if  he 
would  spare  the  hero.  He  was  ruthlessly  executed,  along  with  his  brother  Sir 
James,  under  the  walls  of  the  castle  which  he  had  so  long  kept,  and  so  gallantly 
defended  against  the  power  of  Elizabeth.  "VS'ith  Sir  William  Kirkcaldy  of  Grange 
fell  the  last  hopes  that  enlivened  the  captivity  of  Mary.  (See  Memoirs  of  Na- 
pier of  Merchiston,  p.  78-138.) 

In  the  year  before  this  sad  catastrophe,  Sir  Archibald  Napier  of  Merchiston 
was  placed  under  the  custody  of  his  cousin  Grange,  in  the  castle  of  Edinburgh. 
The  Pollock  MS.  states,  that  upon  the  18th  of  July  1571,  "  Naper  of  Merching- 
stone,  knycht,  was  tane  and  brocht  to  Edinburgh  Castell  be  the  laird  of  Mynto 
and  his  company."  This  was  not  that  he  was  a  king's  man,  but  because  he  was 
a  "  quiet  man,"  and  his  castle  of  Merchiston  the  most  important  strength  in  the 
neighbourhood  of  Edinburgh,  and  was  held  per  force  for  the  king's  faction 
against  the  queen's  faction  in  the  castle.  It  formed  the  key  of  the  south  ap- 
proach to  the  city,  which  the  former  faction  was  endeavouring  to  reduce  to  famine. 
An  old  manuscript  history,  preserved  in  the  Advocates'  Library,  and  which  is 
entitled,  Ecclesice  Scoticana  Historia  per  Archibaldum  Symsonum,  &c.,  after 


NOTES  TO  BOOK  V.  217 

narrating  the  death  of  Lennox,  and  the  appointment  of  Mar  in  1571,  adds,  that 
Sir  William  Kirkcaldy  bombarded  tlie  house  of  Merchiston  with  iron  balls 
from  the  great  guns,  because  certain  soldiers,  hirelings  of  the  king's  party, 
occupied  it,  and  intercepted  the  provisions  coming  to  the  castle  and  town. 
The  words  are  :  Gidielmus  Kirkaldy  arcis  prafectus,  tormento  majori  terreis 
globulis  domiim  Merchistoniam  oppugnat,  propterea  quod  conductilii  milites 
a  Regis  partibus  ibi  residentes,  viatica,  iinde  arx  et  oppidani  alantur,  in- 
tercludant.  Thus  it  appears  that  Grange  entertained  his  cousin  Sir  Archibald, 
when  under  his  custody,  with  the  agreeable  pastime  of  battering  the  family  for- 
talice.  By  this  time  Merchiston's  first  wife,  the  sister  of  the  bishop  of  Orkney, 
and  mother  of  the  great  Napier,  was  dead,  and  the  laird  was  again  married 
to  a  daughter  of  Mowbray  of  Barnbougle,— now  named  Dalmeny  Park,  and 
the  property  of  the  earl  of  Rosebery.  During  the  period  when  fire  and  sword 
and  iron  bullets  were  incessantly  visiting  the  impregnable  walls  of  Merchiston, 
the  paternal  mansion  of  Lady  Napier  was  undergoing  a  similar  fate.  At  the 
commencement  of  the  year  1572,  the  laird  of  Dundas  was  entertaining,  at  his 
castle  in  the  neighbourhood  of  Barnbougle,  Sir  Richard  Maitland  of  Lething- 
ton  and  his  lady.  Notwithstanding  the  presence  of  so  stanch  a  queen's  man 
as  "  auld  Maitland,"  that  faction  had  determined  to  take  the  castle  of  Dundas, 
at  the  suggestion  of  Grange.  Robert  Mowbray,  Lady  Napier's  eldest  brother, 
undertook  the  adventure.  He  obtained  from  Edinburgh  thirty  mounted  soldiers, 
whom  he  concealed  under  an  embankment  near  the  iron  gate  of  Dundas.  Two 
men,  disguised  in  ragged  garments,  with  pistols  under  them,  lurked  close  to  the 
gate,  while  Mowbray  and  a  comrade,  also  disguised  and  armed,  stationed  them- 
selves in  the  village  of  Dundas  hard  by.  It  chanced,  however,  that  the  laird  of 
Dundas's  servant,  one  David  Ramsay,  going  '•  to  get  a  morning  drink,"  entered 
the  very  house,  and  detected  the  adventurers.  Starting  off  to  give  the  alarm, 
he  was  pursued  by  Mowbray  and  his  companion,  who  fired  their  pistols  at  him 
without  efiect.  Thus  the  enterprise  failed,  and  Sir  John  Mowbray,  in  conse- 
quence of  this  escapade  of  his  son,  was  summoned  before  the  regent  and  council, 
confined  in  prison  for  some  days,  and  only  released  upon  finding  security  that 
he  would  not  sufi'er  "  the  rebellis,"  i.  e.  the  queen's  party,  to  occupy  his  castle 
of  Barnbougle.  Immediately  afterwards,  however,  the  regent  turned  Barn- 
bougle into  a  garrison  for  the  king,  and  again  committed  the  laird  to  confine- 
ment in  the  town  of  Ayr. 

Upon  the  5th  of  May  1572,  the  queen's  troops  issued  from  the  town  to  besiege 
Merchiston.  After  a  desperate  struggle  they  made  themselves  masters  of  the 
outworks,  and  finally  of  the  castle,  with  the  exception  of  its  "  donjon  keep,"  to 
which  the  regent's  garrison  had  retreated,  as  a  place  impregnable.  The 
besiegers  followed  up  their  advantage  with  the  most  detei-mined  ferocity.  They 
set  fire  to  the  outhouses,  "  thinking  to  have  smokit  the  men  of  the  dungeon  out." 
But  the  king's  party  in  Leith,  well  aware  of  the  importance  of  the  fortalice, 
marched  in  great  force  to  raise  the  siege.  The  guns  of  Edinburgh  Castle  com- 
menced to  play  upon  these  new  assailants,  and  fired  more  than  forty  shots  to 
cover  the  besiegers,  who  were  commanded  by  one  Captain  Scougall.  But 
nothing  could  resist  the  charge  of  tlie  laird  of  Blairwhain,  who  drove  the  queen's 
cavalry  back  into  the  town,  his  own  horse  being  shot  under  him.  Captain 
Scougall  was  mortally  wounded.  Among  the  incidents  of  this  hot  afiair,  "  aiie 
cannon  bullet  diugis  the  revell,  the  spurre,  and  the  heill  of  the  sock  and  hose, 
off  ane  of  the  horseaien's  leggis,  without  stirring  the  hyde." 

Upon  the  10th  of  June  following,  another  desperate  attempt  was  made  to 
win  the  castle  of  ilerchiston  from  the  king's  men.  This  attack  was  led  on 
by  the  earl  of  Hur.tly.  The  assailants  battered  the  tower  with  cannon,  while 
their  cavalry,  scouring  the  fields  to  the  south,  betwixt  the  fortalice  and  the 
hills  of  Braid,  brought  in  forty  head  of  sheep  and  cattle.  Mr  Macaulay  may 
be  assured  that  the  Scotsmen,  who  rivalled  Vida  and  Galileo,  had  no  lack  of 


218  NOTES  TO  BOOK  V, 

strong  dwellings  and  good  food.  The  difficulty  was  to  be  able  to  dwell  in  them, 
or  to  arrange  the  dinner  hour.  This  siege  commenced  at  two  o'clock  in  the 
afternoon,  and  the  cannon  played  upon  the  tower  until  four  o'clock,  and  "  maid 
greit  slappis  in  the  wall."  But  an  accidental  diversion  turned  the  day,  after 
some  slaughter  on  both  sides,  in  favour  of  the  garrison  in  Merchiston.  Upon 
this  occasion  the  earl  of  Huntly's  horse  was  killed  under  him. 

A  conflict  yet  more  bloody  occurred  at  Merchiston  on  the  last  day  of  the  same 
month.  A  party  of  twenty-four  mounted  soldiers  had  been  sent  to  forage  for 
the  town,  which  was  nearly  reduced  to  famine.  The  well  stocked  fields  in  the 
neighbourhood  of  Merchiston  were  the  constant  scene  of  enterprise  ;  and  upon 
this  occasion  the  foragers  collected  many  oxen,  besides  other  spoil,  which  they 
were  driving  triumphantly  into'  the  town.  They  were  pursued,  however,  by 
Patrick  Home  of  the  Heucht,  who  commanded  the  regent's  light  horsemen. 
The  foraging  party,  whom  hunger  rendered  desperate,  contrived  to  keep  their 
pursuers,  amounting  to  four  score,  at  bay,  until  they  were  passing  the  gate  of 
Merchiston,  when  the  garrison  issued  forth,  and  drove  back  the  cattle.  The 
Edinburgh  horsemen  instantly  dismounted,  suifered  their  horses  to  go  loose,  and 
"  faucht  creuallie."  A  strong  body  of  infantry  quitted  the  town,  to  support  this 
brave  little  band,  and  turned  the  fight  in  their  favour.  All  the  loss  fell  upon  the 
king's  men.  Home  of  the  Heucht,  their  leader,  Patrick  Home  of  Polwarth,  be- 
sides four  other  gentlemen,  were  killed.  Of  the  queen's  men  a  few  were  wounded, 
and  only  one  foot-soldier  lost  his  life,  who  was  killed  by  a  shot  from  the  battle- 
ments of  Merchiston. 

Shortly  afterwards  occurred  a  truce.  The  French  and  English  ambassadors 
used  some  exertions  to  put  an  end  to  the  savage  and  unnatural  warfare,  which 
desolated  the  heart  of  Scotland,  and  tlireatened  Edinburgh  with  absolute  de- 
struction, from  the  number  of  houses  that  were  daily  pulled  to  pieces  for  fire- 
wood. Their  influence,  cordially  aided  by  the  good  earl  of  Mar,  brought  about 
a  cessation  of  hostilities  for  two  months,  from  the  1st  of  August  1572,  which 
was  signed  by  each  party,  at  Leith  and  Edinburgh,  on  the  last  day  of  July  of 
that  year. 

Such  were  the  king  and  queen's  wars  ;  and  amid  these  storms  in  and  around 
his  paternal  abodes,  and  under  these  auspices,  John  Napier  invented  and  calcu- 
lated the  Logarithms. — E.] 


HISTORY 


CHURCH  OF   SCOTLAND. 


THE  SIXTH  BOOK. 


THE  CONTENTS. 

THE  THINGS  THAT  HAPPENED  AFTER  HIS  MAJESTY's  ASSUMING  OF  THE 
GOVERNMENT  IN  HIS  OWN  PERSON,  UNTO  HIS  HAPPY  SUCCESSION  TO 
THE  CROWN  OF  ENGLAND. 

HE  king  was  not  yet  twelve  years  complete, 
when  in  the  manner  ye  have  heard  they 
moved  him  to  assume  the  government;  yet 
did  he  show  more  judgment  in  his  very  be- 
ginning than  could  be  expected  from  one  of 
his  years.  The  earl  of  Morton's  enemies,  not  satisfied  with 
his  displacing,  were  still  casting  how  to  bring  him  into  the 
king's  dislike.  And  first  showing  that  there  was  a  necessity 
of  the  king's  residing  at  Edinburgh,  where  was  the  place  of 
justice,  they  desired  he  should  be  charged  to  render  the 
castle.  Then  informing  that  he  had  amassed  a  great  treasure 
in  the  time  of  his  regiment,  they  moved  the  king  to  require 
of  him  some  moneys  for  supporting  the  charges  whereunto 
he  would  be  put  at  his  first  entry.  They  did  farther  talk  of 
the  mint-house,  and  the  commodity  he  reaped  thereby.    And, 


220  THE  HISTORY  OF  THE  [a.  D.   1577. 

to  denude  him  of  all  power,  they  desired  the  state  of  the 
borders  to  be  looked  unto,  and  the  office  of  lieutenandry, 
which  the  earl  of  Angus  his  nephew  had  in  those  parts,  dis- 
charged. To  one  or  other  of  these  they  conceived  he  should 
be  unwilling,  and  so  they  should  find  some  matter  against 
him. 

But  the  king,  refusing  to  use  him  with  charges,  took  a 
more  moderate  course,  and  sent  the  chancellor  and  treasurer 
to  feel  his  mind  in  those  things.  He  lay  then  at  Dalkeith, 
and  having  heard  their  propositions,  howbeit  he  knew  those 
motions  did  proceed  from  his  adversaries,  and  was  not  ig- 
norant what  they  intended,  he  answered  calmly,  "  That  the 
jewels  and  moveables  appertaining  to  the  crown  being  re- 
ceived of  his  hand,  and  he  and  his  deputies  discharged,  the 
castle  should  be  rendered  most  willingly.  But  for  the  advanc- 
ing of  moneys  he  excused  himself,  saying,  that  it  was  not 
unknown  how  he  had  received  his  office  in  a  time  full  of 
trouble,  and  when  the  country  was  embroiled  in  a  civil  war, 
the  burden  whereof  he  sustained  upon  his  private  charge ; 
and  that  since  the  troubles  ceased,  he  had  paid  a  great  many 
debts,  repaired  his  majesty's  houses  and  castles,  and  put  them 
in  a  better  case  than  for  many  years  before  they  had  been  : 
that  the  entertainment  of  his  majesty's  house,  and  maintain- 
ing of  his  own,  as  regent,  was  a  matter  of  no  small  charge, 
which  the  ordinary  revenues  of  the  crown  would  hardly  do  ; 
yet  when  his  majesty  should  be  of  perfect  age,  and  his  hon- 
ourable occasions  did  require  it,  he  should  not  be  wanting 
according  to  his  ability,  and  bestow  all  his  means  for  his 
majesty's  honour.  Concerning  the  mint-house  he  said,  that 
he  had  kept  it  in  the  best  order  he  could,  and  having  now  no 
more  charge  of  it,  he  wished  the  king  to  do  therewith  as  he 
thought  best.  For  the  affairs  of  the  border,  tliat  he  had 
moved  the  earl  of  Angus  to  undertake  that  service  for  the 
quietness  of  the  country  ;  but  seeing  he  had  no  lands  in  those 
quarters,  and  that  the  offices  of  wardenry  might  suffice  to 
hold  those  pai-ts  in  order,  he  would  advise  the  king  to  dispose 
them  to  the  most  sufficient  that  could  be  found. 

The  noblemen  returning  with  these  answers,  the  king  did 
rest  well  satisfied.  But  a  pitiful  accident  that  fell  out  in  the 
time  gave  an  hinderance  to  these  businesses.  The  chancellor 
going  to  the  castle  to  make  his  report  to  the  king,  as  he  re- 


A.  D.   1578.]  CHURCH  OF  SCOTLAND.  221 

turned  to  his  lodging  did  encounter  the  earl  of  Crawford  in 
the  street  called  commonly  the  Schoolhouse  Wynd.  There 
had  been  an  old  grudge  betwixt  the  two  families,  whereupon 
the  noblemen  passed  by  other  without  salutations.  The 
street  being  narrow,  and  the  companies  of  each  side  great, 
when  they  were  almost  parted,  two  base  fellows  fell  a 
struggling  for  the  way,  and  by  thrusting  one  at  another 
raised  a  tumult,  in  the  very  beginning  whereof  the  chancellor 
was  killed  with  the  shot  of  a  pistol.  It  was  certainly  known 
that  the  noblemen  did  purpose  no  harm  to  others  ;  for  Craw- 
ford did  call  to  his  followers  to  give  way  to  the  chancellor, 
as  he  on  the  other  side  called  to  give  way  to  the  earl  of 
Crawford ;  yet  by  this  unhappy  accident  were  the  old  dis- 
sensions that  had  long  slept  revived,  and  a  fresh  enmity 
raised,  which  turned  to  the  great  hurt  of  both.  The  death 
of  the  chancellor  was  much  lamented,  falling  out  in  the  time 
when  the  king  and  country  stood  in  most  need  of  his  service. 
He  had  carried  himself  with  much  commendation  in  his  place, 
and  acquired  great  authority.  Most  careful  was  he  to  have 
peace  conserved  both  in  the  country  and  church,  and  laboured 
much  to  have  the  question  of  church  policy  settled ;  upon 
which  subject  he  interchanged  divers  letters  with  Theodore 
Beza.  Some  have  blamed  him  of  too  great  curiosity  in  that 
matter,  but  his  intention  certainly  was  pious  and  commendable. 

Upon  his  death  the  earl  of  Athole  was  preferred  to  be 
chancellor,  at  which  the  church  did  mightily  offend  :  as  like- 
wise with  the  admission  of  the  earls  of  Caithness  and  Eglin- 
ton,  with  the  Lord  Ogilvy,  upon  the  council,  who  were  all 
thought  to  be  popishly  inclined.  This  being  meaned  to  the 
king,  was  in  some  sort  satisfied  by  their  promises  and  sub- 
scriptions to  the  articles  of  religion ;  yet  the  suspicions  of 
their  unsoundness  still  continued.  And  now  began  they  who 
longed  for  the  change  of  Morton's  government  to  repent  the 
alteration  that  was  made ;  for  howsoever  he  did  not  favour 
the  novations  in  church  policy  urged  by  some  ministers,  he 
kept  a  severe  hand  over  papists,  permitting  none  to  enjoy 
any  pubhc  office  who  was  not  sincerely  affected  to  the  truth. 

The  first  of  April  the  castle  of  Edinburgh  was  delivered 
to  the  Lords  Ruthven  and  Lindsay,  who  were  appointed  by 
the  king  to  receive  the  house,  and  a  discharge  given  to  the 
earl  of  Morton  of  the  jewels,  munition,  and  moveables  within 


222  THE  HISTORY  OF  THE  [a.  D.   1578. 

the  same.  And  the  same  day  John  Seaton  of  Touch,  and 
John  Cunningham  of  Drumwhasslll,  received  the  keys  in 
name  of  Alexander  Erskine,  uncle  to  the  earl  of  Mar,  upon 
a  warrant  directed  to  them  for  that  effect.  The  earl  of  Mor- 
ton resolving  to  live  private,  and  to  have  no  more  meddling 
in  public  affairs,  retired  to  Lochleven,  where  he  stayed  not 
long,  being  recalled  to  court  by  this  occasion.  The  friends 
of  the  house  of  Mar,  of  whom  the  principals  were  the  abbots 
of  Dryburgh  and  Cambuskenneth,  out  of  some  jealousy  they 
conceived  of  Alexander  Erskine  his  courses,  and  a  fear  that 
the  young  nobleman,  who  was  then  grown  to  some  years, 
might  be  prejudged  of  his  right  in  keeping  the  castle,  prac- 
tised secretly  to  exclude  him,  and  entering  one  morning  with 
a  number  of  their  followers,  seized  upon  the  keeper  of  the 
gate,  took  the  keys  from  him  by  force,  and  putting  him  and 
his  men  forth,  placed  others  in  their  rooms,  whom  they  caused 
swear  fidelity  to  the  earl  of  Mar, 

How  soon  the  council  (which  then  remained  at  Edinburgh) 
was  advertised  of  this  change,  they  prepared  to  go  to  Stir- 
ling, and  for  their  greater  security  were  furnished  with  some 
companies  of  men  by  the  town  of  Edinburgh  ;  but  by  letters 
from  the  king  they  were  stayed.  In  these  letters  the  king 
showed  that  it  was  a  private  dissension  only  that  had  hap- 
pened betwixt  the  friends  of  the  house  of  Mar,  which  he 
would  have  peaceably  composed,  and  therefore  desired  them 
to  come  unto  him  after  a  day  or  two  in  quiet  and  sober  man- 
ner, and  assist  the  reconcilement.  They  obeyed,  and  com- 
ing to  Stirling,  in  a  frequent  council,  kept  the  third  of  May, 
the  controversy  was  in  these  terms  composed :  That  the  earl 
of  Mar  being  now  come  to  a  reasonable  age,  he  should  attend 
the  king's  person,  and  have  the  custody  of  the  castle  of  Stir- 
hng  ;  and  that  the  master,  his  uncle,  should  remain  captain  of 
the  castle  of  Edinburgh,  and,  when  he  came  to  court,  have  his 
table  kept  as  before,  and  enjoy  the  place  of  a  gentleman  of 
his  majesty's  chamber.  The  conditions  prescribed  to  the 
earl  of  Mar  were :  That  he  should  guard  the  castle,  attend 
the  king's  person  therein,  and  not  remove  him  to  any  place 
whatsoever  without  the  knowledge  and  consent  of  the  council : 
That  he  should  not  receive  any  within  the  house  whom  he 
knew  not  to  be  well  affected  to  the  king,  admitting  an  earl 
with  two  only  in  train,   a  lord  with  one,  and  gentlemen 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  223 

single  :  That  Mr  George  Buchanan  and  Mr  Peter  Young 
should  continue  his  instructors,  and  no  others  be  admitted 
without  the  council's  consent,  nor  any  religious  exercise  kept 
within  the  castle  but  that  which  the  parliament  had  approved. 
For  the  observing  of  these  articles,  the  earls  of  Athole, 
Angus,  Argyle,  and  Montrose,  with  the  Lords  Ruthven  and 
Lindsay,  became  sureties.  For  the  master  his  uncle,  and  his 
fidelity  in  keeping  the  castle  of  Edinburgh,  with  the  jewels, 
munition,  and  other  moveables,  the  earls  of  Athole,  Argyle, 
Montrose,  and  the  Lord  Ruthven  gave  their  bond  and  obli- 
gation. Some  days  after  this  broil,  the  captain,  his  eldest 
son  (called  Alexander),  a  youth  of  great  hopes,  departed  this 
life,  as  it  was  thought  of  a  grief  he  conceived  for  the  indig- 
nity done  to  his  father. 

.  This  agreement  being  made,  and  the  lords  being  then  to 
return  to  Edinburgh,  the  king  did  signify  unto  them,  that, 
because  the  parliament  was  indicted  to  the  tenth  of  July,  he 
would,  before  that  time,  call  a  number  of  every  estate  to- 
gether for  the  preparing  of  matters ;  and  that,  all  emulations 
laid  aside,  they  might  concur  and  join  their  counsels  for  the 
public  good  of  the  realm.  The  diet  for  this  meeting  ho  ap- 
pointed at  Stirling  the  tenth  of  June.  The  convention  at  the 
time  was  frequent ;  of  the  clergy,  eight  bishops  and  as  many 
abbots  were  present ;  of  the  nobility,  nine  earls  and  eleven 
lords,  and  divers  commissioners  of  burghs.  The  earl  of 
Morton,  at  the  king's  earnest  entreaty,  came  also  thither,  and 
at  his  coming  was  admitted  upon  the  council,  having  the  pre- 
cedency allowed  him,  with  the  consent  of  the  rest,  because  of 
the  regency  he  had  a  long  time  sustained. 

In  the  first  meeting  the  king,  after  he  had  given  thanks  to 
the  whole  number  for  the  readiness  they  had  showed  to  con- 
vene in  that  place,  proponed  two  things.  One  was  touching 
the  parhament  and  the  place  where  it  should  hold  ;  the  other 
concerned  an  ambassage  which  he  intended  to  send  into  Eng- 
land. For  the  parliament,  he  said  that  he  longed  to  see 
a  meeting  of  the  Estates,  and  would  have  the  time  to  which 
it  was  called  precisely  observed,  wishing  them  all  to  address 
themselves  thereto  in  time,  and  to  come  in  a  peaceable  man- 
ner, as  men  disposed  to  do  good,  and  seeking  the  common 
profit  of  their  country.  And  for  the  place,  seeing  his  own 
presence  was  necessary,  and  that  he  could  not  conveniently 


224  THE  HISTORY  OF  THE  [a.  D.   1578. 

remove  from  Stirling,  he  desired  the  parliament  to  be  fenced 
at  Edinburgh  at  the  day  appointed,  and  then  prorogated  some 
four  or  five  days,  and  brought  to  Stirling.  For  the  ambas- 
sage,  he  gave  divers  reasons.  First,  that  liaviYig  assumed  the 
government  in  his  own  hands,  he  was  bound  in  courtesy  to 
visit  the  queen  of  England,  and  give  her  thanks  for  the  kind- 
ness he  had  received  of  her  in  his  minority.  Next,  that  the 
disorder  lately  fallen  out  in  the  borders  (for  about  that  time 
some  borderers  had  entered  into  England  and  committed 
great  robberies),  laid  a  necessity  upon  him  to  clear  the  coun- 
try of  that  fact,  and  make  offer  of  redress.  Thirdly,  that  he 
had  a  private  business  Avhich  touched  him  nearly,  his  grand- 
mother, the  Lady  Lennox,  being  newly  deceased,  and  he 
being  her  only  heir,  it  concerned  him,  he  said,  to  inquire 
what  her  last  will  was,  and  to  see  that  no  prejudice  was  done 
to  him  in  his  succession  to  the  lands  she  possessed  in  England. 
Lastly,  if  they  did  think  meet  (but  this  he  remitted  to 
their  wisdoms),  he  showed  that  he  could  hke  well  to  have  a 
motion  made  of  a  more  strict  league  betwixt  the  two  realms 
during  the  queen's  life  and  his. 

It  grieved  the  ordinary  counsellors  much  that  the  place  of 
parliament  should  be  changed,  who  therefore  laboured  to  dis- 
suade the  king  from  it ;  but  perceiving  him  resolved  that  way, 
they  gave  their  consents,  though  most  unwillingly.  When 
they  came  to  speak  of  the  ambassage  to  England,  they  ac- 
knowledged the  necessity  thereof;  but  took  exception  at  the 
league,  pretending  the  ancient  league  with  France.  It  was 
replied.  That  the  case  of  things  was  much  altered  from  that 
in  former  times  ;  that  England  and  Scotland  had  now  the 
same  enemies  because  of  their  common  profession,  so  as,  for 
their  own  safety,  it  was  needful  they  should  join  together  in 
strict  friendship  ;  and  that  the  league  with  England  might  be 
so  contracted  as  the  old  amity  with  France  should  remain  in- 
violate. The  king  farther  declared,  that  he  did  not  mean  to 
give  power  to  his  ambassador  for  concluding  a  league,  where- 
in he  would  do  nothing  rashly,  nor  without  the  advice  of  the 
Estates  -,  only  he  desired  the  same  should  be  moved,  and 
upon  the  report  of  the  queen's  liking  thereof,  that  the  con- 
ditions of  the  league  should  be  well  and  gravely  advised. 
After  long  reasoning,  the  matter  being  put  into  voices,  it  was 
by  plurality  agreed,  that  the  same  should  be  made  one  of  the 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  225 

ambassador's  instructions ;  against  which  the  earls  of  Argyle, 
Montrose,  and  Caithness,  the  Lords  Lindsay  and  Inuermaitli, 
with  the  commendatory  of  Deir,  took  pubhc  protestation. 

These  things  bred  a  new  heart-burning  amongst  the  noble- 
men, for  they  took  Morton  to  be  the  deviser  of  all,  and  that 
he  was  craftily  drawing  back  the  administration  of  affairs 
unto  himself;  which,  albeit  they  dissembled  for  the  present, 
broke  forth  after  a  few  days  in  an  open  dissension.  The 
citizens  of  Edinburgh  were  much  offended  with  the  king's 
remaining  in  Stirling,  and  the  removal  of  the  parliament  from 
their  town ;  and,  as  it  happens  in  such  times  of  discontent, 
rumours  were  dispersed  that  the  king  was  detained  captive, 
and  was  shortly  to  be  sent  into  England,  and  the  ancient 
league  with  France  dissolved.  This  being  in  the  mouths  of 
all  men,  and  talked  of  not  in  corners,  but  in  open  and  public 
meetings,  a  proclamation  was  given  out  the  sixth  of  July, 
"  Declaring  the  falsehood  of  those  rumours,  and  that  the 
same  were  raised  by  some  seditious  spirits  that  could  not  live 
quiet  under  any  sort  of  government.  For,  as  to  the  king's 
detention,  it  was  known  to  be  most  false ;  and  that  it  was  his 
own  choice  to  remain  at  Stirling,  attended  by  those  whom 
the  council  by  common  consent  had  appointed  for  the  safe 
custody  of  his  person.  And  for  the  parliament,  which  they 
said  was  to  treat  of  the  dissolution  of  peace  with  their  old 
confederates,  and  to  make  up  new  leagues  with  others,  there 
was  no  such  matter;  it  being  his  majesty's  only  purpose  to 
have  such  things  intreated  in  that  meeting  as  might  tend  to 
the  advancement  of  God's  honour,  the  safety  of  his  royal 
person,  and  the  establishment  of  good  laws  for  the  quietness 
of  the  realm  ;  whereof  if  any  made  doubt,  they  might  be  re- 
solved at  their  coming  to  the  parliament,  which  was  now  ap- 
proaching. Therefore  were  all  good  subjects  advertised  not 
to  beheve  those  seditious  reports,  nor  suffer  themselves  to  be 
led  by  such  wicked  suggestions  into  rebellion." 

This  declaration  prevailed  little  with  the  most  part,  for 
the  minds  of  men  were  much  exasperated ;  and  the  time  of 
parliament  come,  the  lords  that  remained  at  Edinburgh  took 
counsel  not  to  go  thither,  but  to  send  of  their  number  one  or 
two  to  protest  against  the  lawfulness  of  it.  The  earl  of 
Montrose  and  Lord  Lindsay  were  chosen  to  that  purpose, 
who,  coming  to  StirUng,  show  the  king  the  noblemen's  ex- 

VOL.  II.  15 


226  THE  HISTORY  OF  THE  [a.  D.  1578. 

cuse,  and  declared  all  they  had  in  commission  to  say  ;  wish- 
ing his  majesty  to  prorogate  the  parliament  unto  a  better 
time,  and  make  choice  of  a  fitter  place.  But  he  resolved,  by 
the  counsel  of  those  that  were  present,  to  go  on ;  and  coming 
the  next  day,  which  was  the  sixteenth  of  July,  to  the  great 
hall  where  the  Estates  were  advertised  to  meet,  he  made  a 
short  speech  touching  the  liberty  of  parliaments,  and  the  neces- 
sity he  had  to  keep  one  at  that  time  and  in  that  place,  assuring 
all  persons  who  had  any  thing  to  move  or  propone,  that'they 
should  have  free  access,  and  receive  satisfaction  according  to 
justice.  After  the  king  had  closed  his  speech,  the  earl  of 
Montrose  and  Lord  Lindsay  arose,  and  in  the  name  of  the 
council  and  others  of  the  nobility  adhering  to  them,  protested 
against  the  lawfulness  of  the  parliament,  in  so  far  as  it  was 
kept  within  the  castle,  whither  they  could  not  safely  repair, 
the  same  being  in  their  enemy's  power.  The  king,  offended 
with  the  protestation,  commanded  them  to  keep  their  lodg- 
ings, and  not  to  depart  forth  of  Stirling  without  his  license, 
which  tlie  Lord  Lindsay  obeyed ;  but  Montrose  the  next 
day  early  in  the  morning  went  away,  and  returned  to  Edin- 
burgh, where  it  was  given  out  that  he  had  brought  from  the 
king  a  secret  direction  to  the  lords  to  convene  the  subjects  in 
arms,  and  liberate  him  out  of  Morton's  hands. 

Thereupon  a  declaration  was  published,  bearing,  "  That 
his  majesty  having  assumed  the  government  in  his  own  per- 
son, because  of  the  enormities  committed  in  the  time  of 
Morton's  regiment,  had  appointed  the  council  to  remain  at 
Edinburgh  for  the  better  ministration  of  justice ;  and  that  by 
the  care  they  took  of  affairs,  all  things  had  gone  well  and 
peaceably  till  Morton,  out  of  his  ambitious  desire  to  rule,  did 
suborn  some  instruments  to  surprise  the  king's  house  and 
person  at  Stirhng,  injuriously  displace  the  captain,  and  put 
his  family  and  servants  to  the  gates.  Of  which  seditious 
enterprise  although  he  did  pretend  ignorance,  yet  the  pro- 
gress of  his  actions  continually  since  that  time  did  show  that 
he  was  the  chief  plotter  of  that  business ;  for  after  his  coming 
to  court,  and  admission  to  be  one  of  the  council,  he  had  dis- 
ordered all  things,  thralling  the  king  so  far,  that  his  best 
subjects  could  have  no  free  access  unto  him,  and  usurping  the 
jurisdiction  of  his  majesty's  ordinary  council,  in  translating 
the  parharaent  from  Edinburgh,  the  principal  city  of  the 


.*! 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  227 

realm,  unto  the  castle  of  Stirling.  Likcas,  to  bear  out  his 
wicked  and  violent  designs,  he  had  of  late  presumed  to  levy 
soldiers  at  the  king's  cost  and  charge,  intending  thereby  to 
maintain  his  usurped  authority,  and  oppress  his  majesty's 
obedient  and  lawful  subjects.  In  consideration  of  which 
abuses,  and  lest  his  notorious  presumptions  should  by  their 
continual  patience  grow  to  a  farther  height,  they  had  resolved, 
laying  aside  all  difficulties,  to  withstand  the  violences  prac- 
tised by  him  under  the  title  of  the  king's  authority,  and  to 
hazard  their  goods,  lives,  and  lands  for  the  dehvery  of  his 
majesty's  person  out  of  his  thraldom ;  protesting  that  the  in- 
conveniences which  should  ensue  upon  the  present  troubles 
should  not  be  imputed  to  them,  inasmuch  as  they  were  forced 
unto  it  for  their  own  just  and  necessary  defence,  the  restitu- 
tion of  their  native  prince  to  liberty,  and  the  delivering  of 
the  Church  and  commonwealth  fi"om  the  tyranny  of  such  as 
have  ever  sought,  and  still  do  seek,  the  ruin  and  overthrow 
of  both." 

This  declaration  pubHshed,  all  parts  of  the  realm  wore  in 
a  commotion.  Soldiers  were  levied  on  either  side,  horse  aud 
foot ;  and  proclamations  sent  to  the  sheriffdoms  of  Edinburgh, 
Haddington,  Linlithgow,  Clackmannan,  Kinross,  Perth,  Fife, 
Forfar,  Lanark,  Dumbarton,  and  to  the  bailiaries  of  Kyle 
and  Cunningham,  to  prepare  themselves  with  victuals  for 
fifteen  days,  and  be  in  readiness  to  follow  the  king  or  his 
Ueutenants  upon  six  hours'  warning,  as  they  should  be  di- 
rected. Herewith  a  commission  of  lieutenandry  was  given 
to  the  earl  of  Angus  for  convocating  the  subjects,  aud  pur- 
suing the  rebels  who  had  usurped  the  king's  authority  with 
all  sort  of  rigour.  Charges  were  also  directed  to  command 
the  earls  of  Athole  and  Argyle  to  depart  forth  of  Edinburgh 
within  the  space  of  twenty-four  hours,  and  return  to  the  places 
of  their  dwelling,  under  the  pain  of  treason.  The  magis- 
trates of  Edinburgh  were  enjoined  to  apprehend  the  persons 
that  had  taken  arms  within  their  town,  and  not  to  suffer  any 
armed  men  to  enter  in  the  same,  except  such  as  should  have 
direction  from  his  majesty.  Which,  when  the  provost 
(Archibald  Stewart)  came  to  excuse,  as  not  being  in  the 
town's  power  to  withstand  the  forces  of  the  noblemen,  he 
himself  was  sent  prisoner  to  the  castle  of  Doune. 


228  THE  HISTORY  OF  THE  [a.  D.  1578. 

The  parliament  in  this  mean  time  went  on,  and  all  things 
proceeded  therein  as  in  a  time  of  most  secure  peace.  Upon 
their  dissolving,  when  it  was  told  the  king  that  the  lords 
were  gathering  forces,  and  that  they  gave  out  the  same  to  be 
done  by  warrant  from  him,  he  commanded,  by  a  new  pro- 
clamation, all  that  were  assembled  in  arms  to  separate  and 
return  to  their  dwellings  within  the  space  of  six  hours,  pro- 
mising pardon  to  such  as  obeyed.  And  lest  any  should  be 
deceived  with  the  rumours  of  his  captivity  and  secret  warrants 
from  himself,  he  again  declared,  "  That  it  was  his  own  desire 
to  remain  at  Stirling  and  be  served  by  the  earl  of  Mar,  with 
whom  he  knew  his  surety  was  greater  than  if  he  should  be 
at  the  devotion  of  those  that  caused  the  present  troubles, 
whose  meaning  towards  him  could  be  no  better  than  it  had 
been  in  times  past.  For  the  warrants  they  pretended,  he 
called  God  to  witness,  that  they  had  neither  word  nor  writ 
from  him  ;  therefore  willed  all  his  good  subjects  to  live  quiet, 
and  not  to  be  misled  by  such  false  informations."  This  pro- 
clamation the  lords  would  not  suffer  to  be  pubHshed  at 
Edinburgh,  but,  making  the  greater  expedition,  drew  to- 
gether their  companies  and  marched  towards  Stirling.  The 
first  night  they  camped  at  Linlithgow,  and  the  day  following 
having  mustered  their  army,  which  they  found  to  be  about 
4000,  they  went  to  Falkirk. 

The  earl  of  Angus,  as  lieutenant  for  tiio  king,  took  the 
fields,  and  displaying  the  royal  banner  made  towards  them. 
In  number  he  did  not  equal  the  others,  but  they  were  gentle- 
men all,  active  and  resolute.  Sir  Robert  Bowes,  the  English 
ambassador,  riding  betwixt  the  armies,  travailed  earnestly  to 
bring  them  to  an  agreement,  and  by  his  entreaties  and  the 
proponing  of  honourable  conditions  did  keep  them  from 
joining.  In  which  time  one  Tait,  a  follower  of  Cessford,  who 
as  then  was  of  the  lords'  party,  came  forth  in  a  bravery,  and 
called  to  the  opposite  horsemen,  asking  if  any  among  them 
had  the  courage  to  break  a  lance  for  his  mistress.  He  was 
answered  by  one  Johnston,  servant  to  the  master  of  Glammis, 
and  his  challenge  accepted.  The  place  chosen  was  a  little 
plain  at  the  river  of  Carron,  on  both  sides  whereof  the  horse- 
men stood  spectators.  At  the  first  encounter  Tait,  having 
his  body  pierced  through,  fell  from  his  horse,  and  presently 


A.  D.  1578.]  CHURCH  of  Scotland.  229 

died.  This  was  taken  by  those  of  Morton's  side  for  a  pre- 
sage of  victory.  But  by  the  ambassador's  travails  the  parties 
were  drawn  to  the  conditions  following  : — 

1.  That  the  forces  on  either  side  should  presently  separate, 
and  a  few  horsemen  only  be  retained  upon  his  majesty's 
charges,  who  should  be  employed  for  quieting  the  borders, 
and  not  against  the  lords  convened  at  Falkirk,  or  their 
adherents  in  the  present  action. 

2.  That  the  proceedings  of  the  lords  and  other  partakers 
with  the  chancellor,  since  the  tenth  of  July  last,  should  be 
allowed  as  good  service  done  to  the  king,  in  respect  his 
majesty  was  assured  of  their  good  affection  towards  his 
own  person. 

3.  That  the  chancellor  and  earl  of  Argyle  should  have  their 
lodging  within  the  castle  of  Stirling,  with  the  like  num- 
bers that  were  permitted  to  other  noblemen. 

4.  That  all  noblemen,  barons,  and  other  gentlemen  who 
pleased  to  come  unto  the  king,  should  be  freely  admitted  to 
his  presence,  and  have  liberty  to  propone  their  OAvn  affairs. 

5.  That  the  earl  of  Montrose  and  Lord  Lindsay  should  be 
received  into  the  number  of  the  council. 

6.  That  the  king  caUing  to  himself  eight  noblemen,  that  is, 
four  for  each  party,  to  be  nominated  by  themselves,  should 
consider  the  griefs  and  offences  of  either  side,  take  order 
for  removing  the  same,  and  make  up  a  perfect  reconcile- 
ment amongst  the  nobility. 

7.  That  the  commission  of  licutenandry  granted  to  the  earl 
of  Angus  should  be  discharged. 

8.  And  last,  that  the  captains  of  the  castle  of  Edinburgh  and 
Dumbarton  should  enjoy  their  offices  till  the  reconciliation 
intended  was  brought  to  an  end. 

These  articles  being  signed  by  the  king,  and  subscribed  by 
the  principals  of  both  parties,  the  accord  and  heads  thereof 
were  published  at  Stirling  and  Falkirk  the  fourteenth  of 
August,  upon  which  the  armies  dissolved.  No  stir  in  our 
memory  was  more  happily  pacified ;  for  should  it  have  come 
to  the  worst,  as  it  was  not  far  off,  such  was  the  heat  and  hate 
of  both  factions,  that  the  mischief  could  not  but  have  been 
great  which  would  have  ensued. 


230  THE  IlISTOHY  OF  THE  [a.  D.  1578, 

The  place  and  time  of  the  noblemen's  meeting  for  consider- 
ing the  grievances  of  both  parties  being  left  to  the  king's 
appointing,  because  delay  might  breed  greater  difficulties  his 
majesty  did  assign  the  twentieth  of  September  to  meet  at 
Stirling;  whereof  he  caused  the  ambassador  to  give  the 
chancellor  notice,  and  to  desire  him  to  name  the  four  noble- 
men whose  advice  he  and  the  rest  would  use  in  that  treaty. 
The  chancellor  answered  by  letter,  "  That  neither  he  nor 
Argyle  could  agree  to  meet  at  Stirling,  nor  could  they  design 
the  four  noblemen  whom  they  would  use,  because  death, 
sickness,  and  other  accidents  might  hinder  one  or  more  of 
them  to  convene ;  but  if  it  should  please  the  king  to  appoint 
the  place  of  meeting  at  Edinburgh,  about  the  end  of  Novem- 
ber, they  should  keep  the  day,  and  for  the  present  nominate 
ten,  of  which  number  they  should  choose  some  four  at  that 
time  as  arbiters  for  their  party."  The  ten  they  named  were, 
the  earls  of  Montrose  and  Caithness,  the  Lords  Lindsay, 
Maxwell,  Herries,  Ogilvy,  and  Innermaith,  the  abbot  of 
Newbottle,  and  the  lairds  of  Bargenny  and  Drumwhassill. 
Herewith  he  desired  three  tilings  to  be  granted.  One  was, 
that  license  might  be  given  to  such  an  one  as  they  would 
choose  to  pass  into  England ;  next,  that  they  who  were  dis- 
possessed of  their  places  and  offices  since  the  tenth  of  July 
might  be  restored,  namely,  Mr  Mark  Ker,  son  to  the  abbot 
of  Newbottle,  master  of  requests,  and  William  Cunningham, 
son  to  the  laird  of  Drumwhassill,  gentleman  of  the  king's 
bedchamber ;  thirdly,  that  none  should  be  called  in  question 
for  their  absence  upon  the  late  proclamations,  seemg  all  they 
who  came  not  to  StirHng  must  be  understood  to  have  been 
their  adherents. 

This  answer  communicated  to  the  king  did  highly  offend 
him.  First,  that  they  should  usurp  the  appointing  of  the 
time  and  place  of  meeting,  which  was  left  in  his  power ;  next, 
that  they  would  presume  to  send  a  message  into  England, 
they  being  his  subjects,  and  neither  acquaint  him  with  the 
person  nor  the  message.  For  the  other  petitions  he  judged 
them  impertinent,  and  more  fit  to  be  proponed  at  the  meet- 
ing of  the  noblemen ;  wherefore,  in  a  letter  sent  by  Mr 
WiUiam  Erskine  to  the  chancellor,  he  showed,  that  since 
they  had  delayed  to  nominate  the  four  noblemen,  he  himself 
would  make  choice  of  four  of  them  whose  names  they  had 


A.  D,  1578.]  CHURCH  of  Scotland.  231 

given  to  the  ambassador ;  to  wit,  the  Lords  Lindsay,  Ogilvy, 
Innermaith,  and  Herries ;  to  whom  ho  would  join  the  carls 
of  Rothes  and  Buchan,  with  the  Lords  Ixutlivcn  and  Boyd ; 
and  by  their  advice  proceed  in  the  reconcihatiou  by  him  in- 
tended ;  which  if  they  should  refuse,  he  would  notify  to  the 
queen  of  England  and  other  Christian  princes  the  care  he 
had  taken  to  perform  all  things  as  they  had  been  lately 
accorded. 

To  this  letter  no  answer  was  given,  but  that  they  should 
advise  with  their  friends,  and  afterwards  signify  their  minds ; 
wherewith  the  king  being  discontent,  he  summoned  the  noble- 
men to  meet  at  Stirling,  the  twentieth  of  September,  warning 
all  the  subjects  whom  that  business  concerned  to  address 
themselves  thither  against  the  day.  At  the  day  none  of  them 
appeared,  and  the  more  careful  the  king  was  to  have  peace 
made,  the  more  they  seemed  to  draw  back,  protracting  time 
upon  frivolous  excuses.  Wherefore  the  king  for  the  last  diet 
appointed  the  twentieth  of  October,  which  most  of  them  kept. 
Being  all  assembled,  the  king  spake  to  them  to  this  effect : 
"  Ye  do  all  understand  what  an  earnest  desire  I  have  that 
you  should  join  in  friendship  one  with  another,  which  caimot 
be  more  contentment  to  me  than  it  is  a  benefit  to  yourselves. 
Although  I  have  many  occasions  given  me  to  fall  from  that 
desire,  yet  I  abide  in  the  same  mind,  and  shall  wish  you  to 
lay  aside  your  needless  jealousies  and  su^spicions.  For  as  to 
me  I  will  study  to  be  indifferent,  and  bestow  my  favours  im- 
partially, and  never  repose  myself  upon  any  one  so  much  as 
to  deny  others  the  regard  which  is  due  to  them.  Ye  that 
are  noblemen  have  a  special  interest  in  me,  and  unless  there 
be  a  correspondence  of  wills  and  minds  amongst  you,  I  shall 
never  find  that  concurrence  that  ought  to  be  for  mine  honour 
and  the  good  of  the  commonwealth.  It  is  not  long  since,  at 
your  own  desires,  I  accepted  the  government  of  the  realm, 
being  persuaded  by  you  that  this  was  the  only  way  to  cease 
all  grudges ;  but  now  that  I  see  them  increased,  it  repents 
me  to  have  yielded  to  your  desires,  and  entangled  myself  in 
such  businesses.  What  should  let  you  be  reconciled,  and 
become  perfect  friends,  I  knov/  not.  If  there  be  any  grief 
or  offence  that  hath  exasperated  your  minds,  will  ye  show  it  ? 
I  am  here  with  the  advice  of  my  lords  to  remove  it,  and  see 
satisfaction  made  by  those  that  have  done  the  wrong.     I  hope 


232  THE  HISTORY  OF  THE  [a.  D.  1578. 

you  do  not  carry  minds  irreconcilable.  Ye  professed  that  ye 
laid  down  arms  for  the  love  ye  bare  to  your  king  ;  by  the 
same  love  I  entreat  you  to  lay  aside  jealousies  and  suspicions, 
which  ye  will  doubtless  do,  except  ye  mind  to  expose  your 
country  and  yourselves  to  utter  ruin." 

The  lords,  moved  with  this  speech,  professed  themselves 
willing  at  his  majesty's  desire  to  bury  all  discords ;  and  that 
their  agreement  might  be  the  more  sound,  they  were  required 
to  set  down  in  writing  the  injuries  and  unkindness  whereof 
they  complained,  that  satisfaction  might  be  made  at  the  sight 
of  the  king  and  noblemen  whom  he  had  named.  Hereupon 
the  chancellor  and  Argyle  presented  their  grievances  in 
some  short  articles,  bearing  the  unkindness  they  had  re- 
ceived from  the  earl  of  Morton  in  the  time  of  his  regiment. 
Whereunto  he  answered,  first  generally,  that  what  he  did 
in  that  time  was  done  by  order  of  law,  and  that  they  them- 
selves had  allowed  his  proceedings,  and  were  sureties  for 
ratifying  the  same  in  Parliament.  Then  replying  more 
particularly  to  every  article,  he  gave  the  king  and  other 
noblemen  full  satisfaction,  and  made  it  seen,  that  on  the  part 
of  the  other  lords  there  was  a  great  mistaking  :  for  what  he 
did  he  could  not  leave  undone,  without  a  manifest  violation  of 
justice.  Yet  for  himself,  he  said,  "  although  he  had  been 
ill  rewarded  by  them  for  his  pains  taken  in  the  public  service, 
and  received  more  unkindness  at  their  hands  than  he  had  de- 
served, he  would  freely  remit  all  at  the  king's  desire."  After 
some  days  spent  in  such  reckonings,  they  were  brought  in 
end  to  join  hands. 

Daring  these  contentions  in  the  state,  Mr  Andrew  Melvill 
held  the  Church  busied  with  the  matter  of  policy,  which  was 
put  in  form,  and  presented  to  the  parliament  at  their  sitting 
in  Stirhng.  The  Estates  having  no  leisure  to  peruse  it, 
gave  a  commission  to  divers  of  their  number  to  meet  and 
confer  with  the  commissioners  of  the  Church,  and  if  they  did 
agree,  to  insert  the  same  among  the  acts  of  parliament. 
How  these  affairs  went,  and  what  effect  the  commission  took, 
because  of  the  great  business  that  afterwards  was  made 
about  the  same,  is  necessary  to  be  known ;  wherefore  I 
thought  meet  to  set  down  the  form  of  pohcy  as  it  was  pre- 
sented, with  the  notes  of  their  agreement  and  disagreement, 
as  they  stand  in  the  original,  which  I  have  by  me. 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  233 

Heads  and  Conclusions  of  the  Church;  and  First  of  the  Policy 
thereof  in  General,  ivherein  it  differethfrom  Civil. 

1.  The  Church  of  God  is  sometimes  largely  taken  for  all  i.  Agreed. 
them  that  profess  the  evangel  of  Jesus  Christ ;   and  so  it  is 

a  company  and  fellowship  not  only  of  the  godly,  but  also 
hypocrites,  professing  outwardly  one  true  religion. 

2.  At  other  times  it  is  taken  for  the  elect  only  and  the  2.  Agreed. 
godly ;  and  sometimes  for  them  that  exercise  the  spiritual 
function  amongst  the  congregation  of  them  that  profess  the 
truth. 

3.  The  Church  in  this  last  sense  hath  a  certain  power  ch^reMs*some-° 
granted  by  God,  according  to  which  it  useth  a  proper  themthat'exercise 
jurisdiction  and  government,  exercised  to  the  comfort  of  functoninVr- 

*;  1     1      /-(I  T  ticular  congrega- 

the  whole  Church.  tions. 

.  ,      .         .      ,   .  ,        .  1  1        "*•  Continued  to 

4.  1  his  power  ecclesiastical  is  an  authority  granted  by  farther  reasoning, 

~,,„,  11  !••  n    T  r~tt     •         and  when  it  is  said 

God  the  father,  through  the  mediation  of  Jesus  Christ,  this  power  noweth 

'  o  _  '  from  God  to  his 

unto  his  Church  gathered,  and  having  the  ground  in  the  J;']"'"^!''  whether 

a  '  o  o  tins  should  be  un- 

word  of  God,  to  be  put  in  execution  by  them  unto  whom  ^v^iioiecimrch'orof 
the  spiritual  government  of  the  Church  by  lawful  calling  and°®h*;The?u"' 

i«i  pnmTnif  f  ofl  fioweth  mediately 

Jt>  COlIimillLU.  or  immediately. 

5.  The  policy  of  the  Church  flowing  from  tliis  power  is  an  s.  Referred 
order  or  form  of  spiritual  government,  which  is  exerced  by  the  reasoning. 
members  appointed  thereto  by  the  word  of  God  ;  and  there- 
fore is  given  immediately  to  the  office-bearers,  by  whom  it  is 
exercised  to  the  weal  of  the  whole  body. 

6.  This  power  is  diversely  used ;  for  sometime  it  is  severally  6-  The  last 

^  «  v    words  ol  the 

exercised  (chiefly  by  the  teachers)  sometime  conjunctly  by  thoughtnot 
mutual  consent  of  them  that  bear  office  and  charge,  after  the  "nd^^we- 
form  of  judgment :   the  former  is  called  potestas  ordinis,  the  ddete?''^ 
other  potestas  jurisdictionis. 

7.  These  two  kinds  of  power  have  both  one  ground,  one  7.  Agreed, 
final  cause,  but  are  different  in  the  form  and  manner  of  exe- 
cution, as  is  evident  by  the  speech  of  our  Saviour  in  the  16th 

and  18th  of  St  iNIatthew. 

8.  This  power  and  pohcy  is  different  and  distinct  in  the  ".  Agreed. 
own  nature  from  that  power  and  policy  which  is  called  the 

civil  power,  and  appertains  to  the  civil  government  of  the 
commonwealth,  albeit  they  be  both  of  God,  and  tend  to  one 
end,  if  they  be  rightly  used,  that  is,  to  advance  the  glory  of 
God,  and  to  have  godly  and  good  subjects. 


234  THE  HISTORY  OF  THE  [a.  D.  1578. 

9.  Say  in-  9.  For  this  powor  ecclesiastical  floweth  from  God  im- 
For  tfafs"^^" '  mediately,  and  the  mediator  Jesus  Christ,  and  is  spiritual, 
spiiituainot  not  having  a  temporal  head  in  the  earth,  but  only  Christ,  the 
deleting  the  only  Spiritual  kino;  and  ffovernor  of  the  Church. 

otherwords.         ./      l  »  &  n  i  •  i/» 

10.  Agreed.       10-  It  is  a  title  falsely  usurped  by  Antichrist,  to  call  himself 

the  head  of  the  Church,  and  ought  not  to  be  attributed  to 
angel  or  to  man,  of  what  estate  soever  he  be,  saving  to  Christ 
the  head  and  only  monarch  of  the  Church, 
n.  Agreed.  11.  Therefore  this  power  and  policy  of  the  Church  should 
lean  upon  the  word  immediately  as  the  only  ground  thereof, 
and  should  be  taken  from  the  pure  fountains  of  the  scriptures, 
hearing  the  voice  of  Christ  the  only  spiritual  king,  and  being 
ruled  by  his  laws. 

12.  Agreed,  12.  It  is  propor  to  kings,  princes,  and  magistrates,  to  be 
thSJfwfrds,  called  lords  and  dominators  over  their  subjects  whom  they 
no7bfcaVied  govom  civilly ;  but  it  is  proper  to  Christ  only  to  be  called 
their  flock.  lord  and  master  in  the  spiritual  government  of  the  Church, 

and  all  others  that  bear  office  therein  ought  not  to  usurp 
dominion,  nor  be  called  lords,  but  ministers,  disciples,  and 
servants  :  for  it  is  proper  to  Christ's  office  to  command  and 
rule  his  Church  universally,  and  every  particular  church, 
through  his  spirit  and  word,  by  tlie  ministry  of  men. 

13.  Change  the         13.    Notwithstanding,  as  the  ministers  and  others  of 

last  words  of  eccle-  o ' 

n^DtrinliTrec- *^^®  ccclesiastical  state  are  subject  to  the  magistrate 
pHneTaecord'ingto  ^ivilly,  SO  ought  the  porson  of  the  magistrate  be  subject 
i4?Refe'ired?o'''  ^0  the  Cliurcli  Spiritually,  and  in  ecclesiastical  government. 
whMUheTrder'of  14.  And  the  exercise  of  both  these  jurisdictions  cannot 
discuScd."*"  ^°  stand  in  one  person  ordinarily, 
tiiey cometo the       15.    The  civil  powor  is  called  the  power  of  the  sword, 

attribution  of  the   ,,  ,,  .,  />  ii        i 

rower.  the  other  power  tiie  power  ot  the  keys. 

as'thewords      l^-     Tlio  civil  power  should  command  the   spiritual   to 

cei^ved."      exercise  and  to  do  their  office  according  to  the  word  of  God  ; 

the  spiritual  rulers  should  require  the  Christian  magistrate  to 

minister  justice  and  punish  vice,  and  to  maintain  the  liberty 

of  the  Church,  and  quietness  within  their  bounds. 

i7.Deferreth      17.    The  magistrate  commands  in  things  external  for  ex- 

sowed  vith  ternal  peace  and  quietness  among  the  subjects  ;   the  minister 

handleth  external  things  only  for  conscience  cause. 
is.Referred.      18.  The  magistrate  judges  external  things  only  and  actions 
done  before  men  ;  but  the  spiritual  ruler  judges  both  the  affec- 
tion and  external  actions  in  respect  of  conscience,  by  the  word 
of  God. 


A.  i>.  1578.]  CHURCH  of  Scotland.  235 

19.  The  civil  magistrate  gcttcth  obedience  by  the  sword  i9. 
and  other  external  means  ;  but  the  minister  by  the  spiritual 
sword  and  spiritual  means. 

20.  The  magistrate  ouffht  neither  preach,  minister  the  so.  Agreed  that 

°  °  „  ^  neither  ought 

sacraments,  nor  execute  the  censures  of  the  Church,  nor  the  magistrate 

.,,,,,  preach,  nor  min- 

yet  prescribe  any  rule  how  it  should  be  done,  but  com-  ister the  sacra- 

♦'■'■•'  '  ments,  nor  exe- 

mand  the  minister  to  observe  the  rule  prescribed  in  the  „" ttecimrch"'*' 
word,   and   punish   transgressors   by    civil    means;    the  u^^^J^j^^*^^^ 
minister  again   exercises   not  the   civil  jurisdiction,   but  tfon°'Md"refcr- 
teaches  the  magistrate  how  it  should  be  exercised  according  pa^  of  thTs"""'^ 

tn  fhp  wnrH  article  to  far- 

lO  tnc  WOl  a.  tl,er  reasoning. 

21.  The  magistrate  ought  to  assist,  maintain,  and  fortify  the  ai.Referred. 
jurisdiction  of  the  Church ;  the  ministers  should  assist  their 
princes  in  all  things  agreeable  to  the  word,  providing  they 
neglect  not  their  charge  in  involving  themselves  in  civil  aifairs. 

22.  Finally,  as  ministers  are  subject  to  the  judgment  and  22.Referred. 
punishment  of  magistrates  in  external  things,  if  they  oiFend  : 

so  ought  the  magistrates  submit  themselves  to  the  discipline 
of  the  Church,  if  they  transgress  in  matter  of  conscience  and 
rehfrion. 


Chap.  2. — 0/  the  Parts  of  the  Policy  of  the  Church,  and 
Persons  or  Office-hearers  to  luhom  the  Administration  is 
committed. 

1.  As  in  the  pohcy  civil  the  whole  commonwealth  consists  i-  The  name 
in  them  that  are  governors  or  magistrates,  and  them  that  church  in 

o  ^        o  ^•  p     ^  ,  this  article 

are  governed  and  subjects;  so  m  the  policy  of  the  C-hurch  ^j^faken for 
some  are  appointed  to  be  rulers,  and  the  rest  of  the  members  g^iJlfi^^";^' 
are  to  be  ruled  and  obey  according  to  God's  word,  and  the  fortiiewhoL 
inspiration  of  his  spirit,  always  under  one  head  and  chief  ^g"egj|\yit,j 
governor  Jesus  Christ.  thianfcil. 

2.  Again,  the  whole  policy  of  the  Church  consists  in  three  2.  Referred, 
things  chiefly,  in  doctrine,  discipline,  and  distribution  ;  with 
doctrine  is  annexed  the  ministration  of  the  sacraments. 

3.  And  according  to  this  division  arises  a  sort  of  threefold  3.  Referred, 
officiars  in  the  Church ;  to  wit,  ministers  or  preachers,  elders 

or  governors,  and  deacons  or  distributors ;  and  all  these  may 
be  called  by  one  general  word,  ministers  of  the  Church. 

4.  For  albeit  the  Church  of  God  be  ruled  and  governed  4.  Agreed. 
by  Jesus  Christ,  who  is  the  only  king,  high  priest,  and  head 


236  THE  HISTORY  OF  THE  [a.  D.  1578. 

thereof;  yet  he  useth  the  ministry  of  men  as  a  necessary 
middest  for  this  purpose. 

5.  Agreed.        5.  For  SO  he  hath  from  time  to  time,  before  the  law,  under 

the  law,  and  in  the  time  of  the  evangel,  for  our  great  com- 
fort, raised  up  men  endowed  with  the  gifts  of  his  spirit  for 
the  spiritual  government  of  his  Church,  exercising  by  them 
his  own  power  through  his  spirit  and  word,  to  the  building 
of  the  same. 

6.  Referred       6.  And  to  take  away  all  occasion  of  tyranny,  he  wills  that 
of  the  head  they  should  rule  with  mutual  consent  of  brethren  and  equal- 

of  visiters.      .  -  , .  ,      .  .  ■"■ 

ity  of  power,  every  one  according  to  their  functions. 

7.  Referred.       7.  In  the  Ncw  Testament  and  time  of  the  evangel  ho 

hath  used  the  ministry  of  the  apostles,  prophets,  evangelists, 
pastors,  and  doctors,  in  administration  of  the  word ;  the 
eldership  for  good  order  and  administration  of  discipline; 
the  deaconship  to  have  the  cure  of  ecclesiastical  goods. 

8.  Referred.      8.  Somo   of  these  occlesiastical  functions   are  ordinary, 

some  extraordinary,  or  temporal.  The  extraordinary  are 
the  apostles,  prophets,  and  evangelists,  which  are  not  per- 
petual, and  now  have  ceased  in  the  Church,  except  when  it 
pleases  God  extraordinarily  for  a  time  to  stir  up  some  of 
them  again. 

9.  Referred.       9.   There   are  four  ordinary  offices   or  functions  in  the 

Church  of  God  ;  the  pastor,  minister,  or  bishop,  the  doctor, 
the  presbyter  or  elder,  and  the  deacon, 

lo.Referred.  10.  Theso  officcs  are  ordinary,  and  ought  to  continue  per- 
petually in  the  Church,  as  necessary  for  the  government  and 
pohcy  of  the  same  ;  and  no  more  offices  ought  to  be  received 
or  suffered  in  the  true  Church  of  God,  established  by  his  word. 

ii.Referred.  11.  Therefore  all  the  ambitious  titles  invented  in  the 
kingdom  of  Antichrist  and  his  usurped  hierarchy,  which  are 
not  one  of  those  four  sorts,  together  with  the  offices  depend- 
ing thereupon,  ought  in  one  word  to  be  rejected. 

Chap.  3. — How  the  Persons  that  hear  Ecclesiastical 
Functions  are  admitted  to  their  0£ices. 

1.  Agreed.  1-  Vocatiou  Or  Calling  is  common  to  all  that  should  bear 
office  in  the  Church,  which  is  a  lawful  way  by  which  quali- 
fied persons  are  promoved  to  any  special  office  in  the  Church 
of  God. 


A.  D.  1578.]  CHURCH  of  Scotland.  237 

2.  Without  this  caUing  it  was  never  lawful  for  any  person  2.  Agreed. 
to  meddle  with  any  ecclesiastical  function. 

3.  There  are  two  sorts  of  calling,  one  extraordinary  by  3.  Agreed. 
God  immediately,  as  were  the  apostles  and  prophets,  which 

in  a  Church  estabhshed  and  already  well  reformed  hath  no 
place. 

4.  The  other  calling  is  ordinary,  which  beside  the  calhng  4.  Agreed, 
of  God,  and  the  inward  testimony  of  a  good  conscience,  hath 

the  lawful  approbation  of  men  according  to  God's  word,  and 
the  order  established  in  the  Church. 

5.  None  ought  to  presume  to  enter  in  any  office  ecclesias-  5.  Agreed, 
tical,  unless  he  have  a  good  testimony  in   his  conscience 
before  God,  who  only  knoweth  the  hearts  of  men. 

6.  This   ordinary  and  outward  calling  hath  two  parts,  g. 
election  and  ordination. 

7.  Election  is  the  choosing  out  of  one  man  or  person  to  the  7.  Referred, 
office  that  is  void,  by  the  judgment  of  the  eldership  and  con- 
sent of  the  congregation  to  whom  the  person  presented  is  to 

be  appointed. 

8.  The   qualities   in   general  required  in  all  them  who  8.  Agreed 

1111  n  -1/^1  1  •  •  /.  ^^^^^  ^^^ 

should  have  charge  in  tlie  Church  consist  in  soundness  of  generality 
rehgion  and  godliness  of  life,  according  as  they  are  set  forth 
in  the  word. 

9.  In  this  ordinary  election  it  is  to  be  eschewed,  that  no  9.  Agreed, 
person  be  intruded  in  any  of  the  offices  of  the  Church,  con- 
trary to  the  will  of  the  congregation  to  whom  they  are  ap- 
pointed, or  without  the  voice  of  the  eldership. 

10.  None  ought  to  be  intruded  or  placed  in  the  ministry  10.  Agreed. 
in  places  already  planted,  or  in  any  room  that  is  not  void, 

for  any  worldly  respect,  and  that  which  is  called  the  benefice 
ought  to  be  nothing  but  the  stipend  of  the  minister  who  is 
lawfully  called. 

11.  Ordination  is  the  separation  and  sanctifying  of  the  u.  Agreed, 
person  appointed  by  God  and  his  Church,  after  that  he  is 

well  tried  and  found  qualified. 

12.  The  ceremonies  of  ordination  are  fasting,  prayer,  and  12.  Agreed. 
imposition  of  the  hands  of  the  eldership. 

13.  All  these,  as  they  must  be  raised  up  by  God,  and  is.  Agreed, 
made  able  for  the  work  whereunto  they  are  called,  so  they 
ought  to  know  that  their  message  is  limited  within  God's 

word,  without  the  bounds  whereof  they  ought  not  to  pass. 


238  THE  HISTORY  OF  THE  [a,  d.  1578. 

14.  Agreed.       14,  Thcsc  should  take  the  names  and  titles  only  (lest  they 

be  exalted  and  puffed  up  in  themselves)  which  the  scripture 
gives  them,  as  those  which  import  labour,  travail,  and  work, 
and  are  names  of  offices  and  service,  and  not  of  idleness,  dig- 
nity, worldly  honour  or  pre-eminency,  which  by  Christ  our 
master  is  expressly  reproved  and  forbidden. 

15.  Agreed.       15,  All  thcsc  office-boarers  should  have  their  own  partic- 

ular flocks,  amongst  whom  they  ought  to  exerce  their  charge  : 
and  should  make  residence  with  them,  taking  inspection  and 
oversight  of  them,  every  one  in  his  vocation, 
iG.  Agreed.  16.  And  generally  ought  to  respect  two  things;  that  is, 
the  glory  of  God,  and  edifying  of  his  Church,  by  discharging 
their  duties  in  their  callings. 

Chap.  4.   Of  the  Office-bearers  in  Particular,  and  First  of 
the  Pastors  and  Ministers. 

1.  Agreed,  1.  Pastors,  bishops,  or  ministers,  are  they  who  are  ap- 
word  bishop  pointed  to  particular  congregations,  which  they  rule  by  the 
tiie  place  of  word  of  God,  and  over  which  they  watch  :  in  respect  whereof 

visitation.  .  "  ^  , 

sometimes  they  are  called  pastors,  because  they  feed  their 
congregation ;  sometimes  episcopi  or  bishops,  because  they 
watch  over  their  flock ;  sometimes  ministers,  by  reason  of 
their  service  and  office ;  sometimes  also  presbyters  or  seniors, 
for  the  gravity  in  manners  which  they  ought  to  have,  taking 
care  of  the  spiritual  government,  which  ought  to  be  most 
dear  unto  them, 
£.  Agreed.  2,  They  that  are  called  to  the  ministry,  or  offer  themselves 
thereto,  ought  not  to  be  elected  without  one  certain  flock  to 
be  assigned  to  them. 

3.  Agreed.        3,  No  man  ought  to  ingyrc  himself,  or  usurp  this  office 

without  a  lawful  calling. 

4.  Agreed.        4.  They  who  are  once  called  by  God,  and  duly  elected  by 

men,  having  once  accepted  the  charge  of  the  ministry,  may 
not  leave  their  functions ;  and  the  deserters  ought  to  be 
admonished,  and,  in  case  of  disobedience,  excommunicated. 

5.  Referred.       5.  No  pastor  may  leave  his  flock  without  Ucense  of  the 

provincial  assembly ;   which  if  he  do,  after  admonition  not 
obeyed,  let  the  censures  of  the  Church  strike  upon  him, 
c.  Agreed.        6.  To  the  pastor  belongeth  the  preaching  of  the  word  of 
God  in  season  and  out  of  season,  publicly  and  privately,  al- 


A.  D.  1578.]  CHURCH  of  Scotland.  239 

ways  to  edify  and  discharge  his  conscience,  as  God  hath  pre- 
scribed. And  unto  them  only  appertains  the  ministration  of 
the  sacraments ;  for  both  these  are  appomted  by  the  word 
of  God  as  means  to  teach  us,  the  one  by  the  ear,  and  the 
other  by  the  eyes  and  other  senses,  that  by  both,  knowledge 
may  be  conveyed  to  the  mind. 

7.  By  the  same  reason  it  pertains  to  pastors  to  pray  for  7.  Agreed. 
the  people,  and  namely  for  the  flock  committed  to  their 
charge,  and  to  bless  them  in  the  name  of  God,  who  will  not 
suffer  the  blessings  of  his  faithful  servants  to  be  frustrate. 

8.  He  ought  also  to  watch  over  the  manners  of  liis  flock,  o.  Agrcod. 
that  he  may  the  better  apply  his  doctrine  to  them,  in  repre- 
hending the  dissolute,  and  exhorting  the  godly  to  continue 

in  the  fear  of  the  Lord.  9.  Agreed, 

9.  It  appertains  to  the  minister,  after  lawful  proceeding  of  mfni'tCT  of 
the  eldership,  to  pronounce  the   sentence   of  binding  and  may  prJ- 
loosino-  upon  any  person,  according  to  the  power  of  the  keys  sentence  ol- 

O,    ^       ,         i^,  '^      ,  «=  '■  •'      excomimini- 

granted  to  the  Ohurch.  cation,  after 

10.  It  belongs  to  him  likewise,  after  lawful  proceeding  in  \l^^^s- 
the  matter  by  the  eldership,  to  solemnize  marriage  betwixt  ^iJ['*r,^P.3^" 
those  that  arc  contracted,  and  to  pronounce  the  blessing  of  the  ^^^ge°" 
Lord  upon  them  that  enter  in  that  bond  in  the  fear  of  God. 

And  generally,  all  public  denunciations  that  are  made  in  the 
church  before  the  congregation,  concerning  ecclesiastical 
affairs,  belong  to  the  minister's  office,  for  he  is  the  messenger 
and  herald  betwixt  God  and  the  people  in  all  these  affairs. 

Chap.  5.   Of  Doctors  and  their  Offices,  and  of  Schools. 

1.  One  of  the  two  ordinary  and  perpetual  functions  that  xwswiioie 
labour  in  the  word  is  the  office  of  doctor,  who  may  also  ferWd  to " 
be  called  prophet,  bishop,  elder,  and  catechiser,  that  is,  the  soning. 
teacher  of  the  catechism  and  rudiments  of  the  religion. 

2.  His  office  is  to  open  up  the  mind  of  the  Spirit  of  God 
in  the  scriptures  simply,  without  such  application  as  the 
minister  uses,  to  the  end  that  the  faithful  may  be  instructed 
in  sound  doctrine,  the  pui'ity  of  the  gospel  taught,  and  not 
corrupted  through  ignorant  or  evil  opinions. 

3.  He  is  different  from  the  pastor,  not  only  in  name,  but 
in  diversity  of  gifts ;  for  to  the  doctor  is  given  the  gift  of 
knowledge,  to  open  up  by  simple  teaching  the  mysteries  of 


240  THE  HISTORY  OF  THE  [a.  D.  1578. 

faith ;  to  the  pastor  the  gift  of  wisdom,  to  apply  the  same  by 
exhortation  to  the  manners  of  the  flock,  as  occasion  craves. 

4.  Under  the  name  and  office  of  doctor  we  comprehend 
also  the  order  in  schools,  colleges,  and  universities,  which 
have  from  time  to  time  been  carefully  maintained,  as  well 
amongst  Jews  and  Christians,  as  among  profane  nations. 

5.  The  doctor  being  an  elder,  should  assist  the  pastor  in 
the  government  of  the  Church,  and  concur  with  the  elders 
his  brethren  in  all  assembhes,  by  reason  the  interpretation 
of  the  word,  which  is  only  judged  in  matters  ecclesiastical, 
is  committed  to  his  charge. 

6.  But  to  preach  unto  the  people,  to  minister  the  sacra- 
ments, and  celebrate  marriages,  pertains  not  to  the  doctor, 
unless  he  be  otherwise  called  ordinarily  ;  yet  may  the  pastor 
teach  in  schools,  as  he  who  hath  the  gift  of  knowledge  often- 
times, which  the  example  of  Polycarpus  and  others  testifies. 

Chap.  6.  The  Elders  and  their  Office. 

1.  Passed         1.   The  word  elder  in  the  scripture  is  sometimes  the  name 

of  age,  sometimes  the  name  of  office ;  and  when  it  hath  the 

name  of  office  is  sometimes  taken  largely,  comprehending  as 

well  the  pastors  and  doctors,  as  those  who  are  called  seniors 

or  elders. 

.Agreed,        2.  In  this  our  division,  we  call  those  elders  whom  the 

pidersbe     apostlo  callcth  presidents  or  governors;  whose  office  as  it  is 

ministers.     Ordinary,   so  it  is  perpetual,  and  always  necessary  in  the 

Church  of  God,  and  a  special  function,  as  is  the  ministry. 

3.  The  per-       3.  Elders  once  lawfully  called  to  the  office,  and  having 
elders  re-     gifts  of  God  fit  to  exorciso  the  same,  may  not  leave  it  again; 

ferredtofar-  "  ,.11  ,  i  •  . 

therdeuber-  yet  such  a  number  01  elders  may  be  chosen  m  certam  con- 
gregations, as  one  part  may  relieve  another  for  a  reasonable 
space,  as  was  amongst  the  Levites  under  the  law  in  serving 
the  temple. 

4.  Agreed.        4.  The  number  of  elders  in  every  congregation  cannot  be 

limited,  but  should  be  according  to  the  bomids  and  necessity 
of  the  people. 

5.  Referred.      5.  It  is  not  ncccssary  that  all  elders  be  teachers  of  the 

word,  albeit  chiefly  they  ought  to  be  such,  and  so  worthy 
of  double  honour. 

6.  Referred.      6.  What  manner  of  persons  they  ought  to  be,  we  remit  it 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  241 

to  the  express  word,  and  the  canons  set  down  by  the  apostle 
St  Paul. 

7.  Their  office  is  as  well  severally  as  conjunctly  to  watch  7.  Agreed. 
with  dihgence  over  the  flock  committed  to  their  charge,  both 
pubUcly  and  privately,  that  no  corruption  of  religion   or 
manners  grow  amongst  them. 

8.  As  the  pastors  and  doctors  should  be  diligent  in  teach-  a  Agreed. 
ing  and  sowing  the  seed  of  the  word,  so  the  elders  should 

be  careful  in  seeking  the  fruits  of  the  same  among  the  people. 

9.  It  pertains  to  them  to  assist  the  pastor  in  examining  9-  Agreed, 
those  that  come  to  the  Lord's  table,  and  in  visiting  the  sick. 

10.  They  should  cause  the  acts  of  the  assemblies,  as  well  lo-  Agreed. 
particular  as  general,  to  be  put  carefully  in  execution. 

11.  They  should  be  dihgent  in  admonishing  all  men  of  n.  Agreed. 
their  duties,  according  to  the  rule  of  the  word. 

12.  Things  that  they  cannot  correct  by  private  admoni- 12.  Agreed. 
tions  they  should  bring  to  the  eldership. 

13.  Their  principal  office  is  to  hold  assemblies  with  the  i3-  Agreed. 
pastors  and  doctors,  who  are  also  of  their  number,  for  es- 
tabhshing  good  order  and  execution  of  discipline  ;  unto  which 
assembUes  all  persons  are  subject  that  remain  within  the 
bounds. 

Chap.  7.   Of  Elderships,  and  Assemblies,  and  Discipline. 

1.  Agreed 
that  min- 

1.  Elderships  are  commonly  constitute  of  pastors,  doctors,  jf/^ers^^ay 
and  such  as  we  call  commonly  elders  that  labour  in  the  word  ituff  twngs 
and  doctrine,  of  whom  and  of  their  power  we  have  spoken,     ^boundl 

2.  Assemblies  are  of  four  sorts  ;  for  either  they  are  of  a  2.  Agreed. 
particular  congregation,  or  of  a  province,  or  of  a  whole  na- 
tion, or  of  all  and  divers  Christian  nations.  UKafyno^ds 

3.  All  ecclesiastical  assemblies  have  power  to  convene  i^n theyelr^ 
lawfully  together,  for  treating  of  things  concerning  the  imth  t^e'"* 
churches  pertaining  to  their  charge.  vt^tofion. 

4.  They  have  power  to  appoint  times  and  h^-Sst'Su'ru'S^^^^^ 
places  to  that  effect,  and  every  assembly  Ferm^^rbi.tnand'su^b^rpie::; 
to    appoint    the    diet,    time    and   place    for  trng"t.frXe„\'niyrtW; 

ii  majesty's  commissioner,  have  voita 

5.  In  all  assemblies  a  moderator  should  be  chosen  by  com-  s-  Agreed. 
mon  consent  of  the  whole  brethren  convened,  who  should  pro- 
pone matters,  gather  voices,  and  cause  good  order  to  be  kept. 

VOL.  II.  16 


242  THE  HISTORY  OF  THE  [a.  D.  1578. 

6.  Referred.       6.  DlligGiice  ought  to  be  takeii  chiefly  by  the  moderator 

that  only  ecclesiastical  things  be  handled  in  the  assemblies,  and 
no  meddling  be  with  any  thing  pertaining  to  civil  jurisdiction. 

7.  Referred.      7.  Evory  asscmbly  hath  power  to  send  forth  of  their  own 

number  one  or  more  visitors,  to  see  how  all  things  are  ruled 
in  their  jurisdiction. 
„  ^  ,     ^       8.  Visitation  of  churches  is  not  an  ordinary  oflBce  eccle- 

!1.  Deferred      _  ,  ^  «' 

to  the  head  giastlcal  in  the  person  of  one  man,  neither  may  the  name  of 

of  bishops,  _  1  ^  '  •{     ^ 

foma'tion"^*'  ^  ^ishop  bo  attributed  to  a  visitor  only,  neither  is  it  necessary 
to  abide  in  the  person  of  one  man  always,  but  it  is  in  the 
power  of  the  eldership  to  send  out  quaUfied  persons  to  visit 
pro  re  nata. 

9.  Agreed.  9-  The  final  end  of  all  assemblies  is  first  to  keep  the 
religion  and  doctrine  in  purity  without  error  and  corruption ; 

■nin^eln'the  ^®^*  *°  ^®®P  comoHness  and  good  order  in  the  Church. 

anlele  these      ^^-  -^^^  *^^^  ordcr's  causc,  they  may  make  rules  and  con- 

sp?ritiiai°     stitutions. pertaining  to  the  good  behaviour  of  all  the  members 

luTgS  i»  *1^^  Church  in  their  vocation. 

make'^lc'ri      ^^'  ^hoy  have  power  also  to  abrogate  and  abolish  all  sta- 

thin^Tso    tutes  and  ordinances  concerning  ecclesiastical  matters  that 

ter  u^'«ini'e  ^^^  found  uoisomo  and  unprofitable,  and  agree  not  with  the 

^tf of"timT  time,  or  are  abused  by  the  people. 

i2!Refcrred.  ^■^'  '^^^7  ^^^^®  powcr  to  exccuto  discipline  and  punishment 
ecclesiastical  upon  all  transgressors  and  proud  contemners  of 
the  good  order  and  pohcy  of  the  Church,  so  as  the  whole 
discipline  is  in  their  hands. 

i3.Referred.  13.  The  first  sort  and  kind  of  assemblies,  although  they 
be  within  particular  congregations,  yet  they  exerce  the  power, 
authority,  and  jurisdiction  of  the  Church  with  mutual  consent, 
and  therefore  bear  sometimes  the  name  of  the  Church. 

i4.Referred.  14.  When  WO  spcak  of  the  elders  of  particular  congrega- 
tions, we  mean  not  that  every  particular  parish  church  can 
or  may  have  their  particular  elderships,  especially  to  land- 
ward ;  but  we  think  three  or  four,  more  or  fewer,  particular 
churches  may  have  a  common  eldership  to  them  all,  to  judge 
their  ecclesiastical  causes. 

is.Referred.  15.  Albeit  it  is  meet  that  some  of  the  elders  be  chosen  out 
of  every  particular  congregation,  to  concur  with  the  rest  of 
their  brethren  in  the  common  assemblies,  and  to  take  up  the 
delation  of  oiFences  within  their  own  churches,  and  bring 
them  to  the  assembly. 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  243 

16.  This  we  gather  of  the  practice  of  the  primitive  Church,  lo. Referred, 
where  elders,  or  colleges  of  seniors,  were  constitute  in  cities 

and  famous  places, 

17.  The  power  of  the  particular  eldership  is  to  give  dili-  i7.ueferrcd. 
gent  labour,  in  the  bounds  committed  to  their  charge,  that 

the  churches  be  kept  in  good  order ;  to  inquire  of  naughty 
and  unruly  persons,  and  travail  to  bring  them  in  the  way 
again,  either  by  admonition  and  threatening  of  God's  judg- 
ments, or  by  correction. 

18.  It  pertains  to  the  eldership  to  take  heed  that  the  word  luRearrcd. 
of  God  be  purely  preached  within  their  bounds,  the  sacra- 
ments rightly  ministered,  discipline  maintained,  and  the  ec- 
clesiastical goods  uncorruptly  distributed. 

19.  It  belongs  to  this  kind  of  assembly  to  cause  the  or-  ly.Rcfemd. 
dinances   made  by  the  assemblies  provincial,  national  and 
general,  to  be  kept  and  put  in  execution  ;    to  make  constitu- 
tions which  concern  to  Tpi'Trov,  for  the  decent  order  of  those 
particular  churches  which  they  govern ;  providing  they  alter 

no  rules  made  by  the  provincial  and  general  assemblies,  and 
that  they  make  the  provincial  assemblies  foreseen  of  those 
rules  they  make,  and  to  abolish  such  constitutions  as  tend  to 
the  hurt  of  the  same. 

20.  It  hath  power  to  excommunicate  the  obstinate.  so.Referred. 

21.  The  power  of  election  of  them  who  bear  ecclesiastical  si.Rufcrred. 
charge  pertains  to  this  assembly  within  their  own  bounds, 

being  well  constitute,  and  erected  of  many  pastors  and  elders 
of  good  ability. 

22.  By  the  like  reason  their  deposition  also  pertains  to  sa.uefcned. 
this  assembly,  as  of  them  that  teach  erroneous  doctrine ; 

that  be  of  a  scandalous  life,  and  after  admonition  desist  not ; 
that  be  given  to  schism  or  rebellion  against  the  Church, 
manifest  blasphemy,  simony,  and  all  corruption  of  bribes, 
falsehood,  perjury,  whoredom,  theft,  drunkenness,  fighting 
worthy  of  punishment  by  the  law,  usury,  dancing,  and  such 
dissoluteness  as  imports  civil  infamy  ;  and  all  other  that  de- 
serve separation  from  the  Church. 

23.  Those  also  who  are  altogether  found  unable  to  execute  aaReferred. 
their  charge  ought  to  be  deposed,  and  other  churches  adver- 
tised thereof,  lest  they  receive  the  persons  deposed. 

24.  But  they  who  through  age  or  sickness,  or  any  other  24. 
accident,  become   unmeet  to  do  their  office,  their  honour 


244  THE  HISTORY  OF  THE  [a.  D.  1578. 

should  remain  to  them,  and  others  be   provided  to   their 

office,  the  Church  maintaining  those  who  are  by  that  occasion 

disabled. 
25.RefeiTod.      25.    Provincial  assemblies  we  call  lawful  conventions  of 

the  pastors,  doctors,  and  other  elders  of  any  province  gathered 

for  the  common  affairs  of  the  churches  thereof ;    which  may 

also  be  called  the  conference  of  the  Church  and  brethren. 
26.Referred.      26.    Tliose  assomblies  are  institute  of  weighty  matters  to 

be  intreated  by  mutual  consent,  and  assistance  of  the  brethren 

within  the  province,  if  need  be. 
27.RcreiTed.      27.    This  assembly  hath   power   to  redress,   order,  and 

handle  all  things  committed  or  done  amiss  in  the  particular 

assemblies. 
ss.Referred.      28.  It  hath  power  to  depose  the  office-bearers  of  that 

province,  for  good  and  just  causes  deserving  deprivation. 

And  generally  these  assembhes  have  the  whole  power  of  the 

particular  elderships  whereof  they  are  collected. 

29.  Passed        29.    National  assembly,  which  we  call  ffeneral,  is  a  lawful 

over.  .  ''  . 

convention  of  the  whole  Church  of  the  realm  or  nation  where 
it  is  gathered,  for  the  common  affairs  of  the  Church  ;  and 
may  be  called  the  general  eldership  of  the  whole  Church 
within  the  realm. 

30.  Passed        30.    Noue  are   subject  to  repair  unto  this  assembly  for 

giving  voice  but  ecclesiastical  persons,  to  such  a  number  as 
shall  be  thought  good  by  the  same  assembly  ;  not  excluding 
other  persons  that  will  repair  to  it  for  propounding,  hearing, 
and  reasoning. 

31.  Answer-      31.    This  asscmblv  is  institute,  that  all  things  either  corn- 
ed before.  .  .        .         ,  .      .    ,  ■-;  ,.  , 

mitted  or  done  amiss  m  the  provmcial  assembhes  may  be 
redressed,  and  things  generally  serving  for  the  good  of  the 
whole  body  of  the  Church  within  the  realm  may  be  foreseen, 
entreated,  and  set  forth  to  God's  glory. 

32.  The  last      32.   It  should  take  care  that  churches  be  planted  in  places 

part  of  the  •,  i        c  i 

ferrecfto'^the  ^^^l^^^"®  they  are  not  planted,  and  prescribe  a  rule  for  the 

headofbish-ppocgeding  of  the  other  two  sorts  of  assemblies  in  all  things. 

33.Deferred.  33.  This  assembly  should  take  heed  that  the  spiritual 
jm'isdiction  and  civil  be  not  confounded  nor  abused ;  and 
generally  touching  all  weighty  affairs  that  concern  the  good 
order  of  the  churches  within  the  realm,  it  ought  to  interpone 
authority  thereto. 

"in'spirituai       34.  Thcro  is  besides  these  another  more  general  assembly, 

matters.  ° 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  245 

which  is  of  all  nations,  and  of  all  estates  of  persons  within 
the  Church,  representing  the  universal  Church  of  Christ, 
which  may  be  properly  called  the  general  assembly,  or  gen- 
eral council  of  the  whole  Church  of  God. 

35.  These  assemblies  were  appointed  and  called  together  as.Referred. 
specially  when  any  great  schism  or  controversy  in  doctrine 
did  arise  in  the  Church,  and  were  convocated  at  the  com- 
mand of  godly  emperors,  being  for  the  time  for  avoiding  of 
schisms  within  the  universal  Church  of  God  ;  which,  because 
they  pertain  not  to  the  particular  state  of  our  realm,  we 
pass  by. 

Chap.  8.    Of  Deacons  and  their  Office,  the  last  ordinary 
Function  in  the  Church. 

1.  The  word  hdcKOVog  is  sometimes  largely  taken,  as  J-^'^^^^g^P" 
comprehending  all  them  that  bear  office  in  the  ministry  and  t^^^o^** ^f" 
spiritual  function  in  the  Church;  but  as  we  now  speak,  is  "^^ f,Jj,'i'"„'iH 
only  taken  for  them  to  whom  the  collection  and  distribu-  ^ppVe^ed 
tion  of  the  alms  of  the  faithful  and  ecclesiastical  goods  do  „" Urrup*-*^ 
belong.  _  _  ^:Z^!,. 

2.  The  office  of  deacon  so  taken  is  an  ordinary  and  per- 
petual function  in  the  Church.  Of  what  properties  and 
duties  they  ought  to  be  that  are  called  thereto,  we  remit  to 
the  scriptures. 

3.  The  deacon  ought  to  be  called  and  elected  as  the  rest 
of  the  spiritual  officers  ;  and  their  office  and  power  is  to  re- 
ceive and  distribute  the  whole  ecclesiastical  goods  to  whom 
they  are  appointed. 

4.  This  they  ought  to  do  according  to  the  judgment  and 
appointment  of  the  presbyteries  or  elderships,  of  the  which 
the  deacons  are  not,  that  the  patrimony  of  the  Church  and 
poor  be  not  converted  to  private  men's  uses,  nor  wrongfully 
distributed. 

Chap.  9.   Of  the  Patrimony  of  the  Church,  and  Distribution 
thereof. 

1.  By  the  patrimony  of  the  Church  we  understand  what- 
soever thing  hath  been  at  any  time  before,  or  shall  be  here- 
after, given,  or  by  universal  consent  or  custom  of  countries 


246  THE  HISTORY  OF  THE  [a.  D.  1578. 

professing  christian  religion,  applied  to  the  public  use  and 
utility  of  the  Church. 

2.  So  that  under  the  patrimony  of  the  Church  we  com- 
prehend all  things  given  or  to  be  given  to  the  Church  and 
service  of  God ;  as  lands,  buildings,  possessions,  annual  rents, 
and  the  hke,  wherewith  the  Church  is  endowed  either  by 
donations,  foundations,  mortifications,  or  any  other  lawful 
titles  of  kings,  princes,  or  any  persons  inferior  to  them, 
together  with  the  continual  oblations  of  the  faithful. 

3.  We  comprehend  also  all  such  things  as  by  laws, 
custom,  or  use  of  countries  have  been  applied  to  tlie  use  and 
utility  of  the  Church;  of  which  sort  are  tithes,  manses, 
glebes,  and  the  hke ;  which  by  the  common  and  municipal 
laws  and  universal  custom  are  possessed  by  the  Church, 

4.  To  take  any  part  of  this  patrimony  by  unlawful  means, 
and  convert  to  the  particular  and  profane  use  of  any  person, 
we  hold  it  a  detestable  sacrilege  before  God. 

5.  The  goods  ecclesiastical  ought  to  be  collected  and  dis- 
tributed by  deacons,  as  the  word  of  God  appoints,  that  they 
who  bear  office  m  the  Church  may  be  provided  for,  without 
care  or  solicitude. 

6.  In  the  apostolic  Church  the  deacons  were  appointed  to 
collect  and  distribute  whatsoever  was  collected  from  the 
faithful  to  the  necessity  of  the  saints,  so  as  none  amongst 
them  did  lack. 

7.  These  collections  were  not  only  of  that  which  was 
gathered  by  way  of  alms,  as  some  suppose,  but  of  other 
goods  moveable  and  unmoveable,  of  lands  and  possessions, 
the  price  whereof  was  brought  and  laid  at  the  apostles'  feet. 

8.  This  office  continued  in  the  deacons'  hands,  who  intro- 
mitted  with  the  whole  goods  of  the  Church  till  the  estate 
thereof  was  corrupted  by  Antichrist,  as  the  ancient  canons 
bear  witness. 

9.  The  same  canons  make  mention  of  a  fourfold  distri- 
bution of  the  patrimony  of  the  Church  ;  whereof  one  part  was 
apphed  to  the  pastor,  or  for  his  sustentation  and  hospitality ; 
another  to  the  elders  and  deacons,  and  the  whole  clergy  ; 
the  third  to  the  poor,  sick  persons  and  strangers ;  and  the 
fourth  to  uphold  the  edifice  of  the  Church,  and  other  affairs 
specially  extraordinary. 

10.  We  add  hereunto  the  schools  and  schoolmasters,  who 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  247 

ought  and  may  well  be  sustained  of  the  same  goods,  and  arc 
comprehended  under  the  clergy  :  to  whom  we  join  clerks  of 
assemblies,  as  well  particular  as  general,  procurators  of  the 
Church  affairs,  takers  up  of  psalms,  and  other  officers  of  the 
Church,  who  are  necessary. 

Chap.  10.  Of  the  Offices  of  a  Christian  Magistrate  in  the 
Church. 

1.  Although  all  members  of  the  Church  are  holden,  ac-i.  For  this 
cording  to  their  vocation,  to  advance  the  kingdom  of  Christ  ter°it  is'*''''" 
Jesus  so  far  as  lies  in  their  power;  yet  chiefly  Christian meeuhat an 
princes,  kings  and  other  magistrates  are  holden  to  do  the  presented  to 
same,  for  they  are  called  in  the  scripture  nurses  of  the  and  estates. 
Church,  because  by  them  it  is,  or  at  least  ouaht  to  be,  main-  punishment 

^  to  heap- 

tained  and  defended  against  all  those  that  would  procure  the  p,«"''='J  ^^"^ 
hurt  thereof.  r"  Y'oie"' 

lirindi  on 

2.  So  it  pertains  to  the  office  of  a  Christian  magistrate  to  "nd'nkewise 
fortify  and  assist  the  godly  proceedings  of  the  Church,  and  £uc*h  immu- 
namely  to  see  that  the  public  estate  and  ministry  thereof  be  pjivlieges  to 
maintained  and  sustained,  as  appertains  to  the  word  of  God.  shaii'be 

3.  To  see  that  the  Church  be  not  invaded  or  hurt  by  false  vS't!*^""' 
teachers  and  hirelings,  nor  the  rooms  thereof  occupied  by 

dumb  dogs  or  idle  bellies. 

4.  To  assist  and  maintain  the  disciphne  of  the  Church,  and 
punish  them  civill}'  that  will  not  obey  their  censures,  without 
confounding  the  one  jurisdiction  with  the  other. 

5.  To  see  that  sufficient  provision  be  made  for  the  minis- 
try, schools,  and  poor ;  and  if  they  have  not  sufficient  to 
await  upon  theu'  charges,  to  supply  their  indigence  with 
their  own  rents. 

6.  To  hold  hand  as  well  to  the  safety  of  the  persons  from 
injury  and  open  violence,  and  their  rents  and  possessions, 
that  they  be  not  defrauded,  robbed,  and  spoiled  thereof;  and 
not  to  suffer  the  patrimony  of  the  Church  to  be  applied  to 
profane  and  unlawful  uses,  or  to  be  devoured  by  idle  bellies, 
and  such  as  have  no  lawful  function  in  the  Church,  to  the  hurt 
of  the  ministry,  schools,  poor,  and  other  godly  uses  upon 
which  the  same  ought  to  be  bestoAved. 

7.  To  make  laws  and  constitutions  agreeable  to  God's  word 
for  the  advancement  of  the  Church  and  pohcy  thereof,  with- 


248  THE  HISTORY  OF  THE  [a.  D.  1578. 

out  usurping  any  thing  that  pertains  not  to  the  civil  sword, 
but  belongs  to  the  offices  merely  ecclesiastical ;  as  the  minis- 
try of  the  word,  sacraments,  or  using  the  ecclesiastical 
discipline,  and  spiritual  execution  thereof,  or  any  part  of  the 
spiritual  keys,  which  the  Lord  Jesus  gave  to  the  apostles  and 
their  true  successors. 

8.  And  although  kings  and  princes  that  be  godly,  some- 
time by  their  own  authority,  when  churches  are  corrupted 
and  all  things  out  of  order,  do  place  ministers  and  restore  the 
true  service  of  God,  after  the  ensample  of  some  godly  kings 
of  Judah,  and  divers  godly  emperors  and  kings  also  in  the 
days  of  the  New  Testament :  yet  where  the  ministry  of  the 
Church  is  once  well  constitute,  and  they  that  are  placed  do 
their  office  faithfully,  all  godly  princes  and  magistrates  ought 
to  hear  and  obey  their  voice,  and  reverence  the  majesty  of 
God  speaking  by  them. 


Chap.  11.  0/  the  present  Abuses  remaining  in  the  Church, 
luhich  are  desired  to  be  reformed. 

1.  As  it  is  the  duty  of  the  godly  magistrate  to  maintain 
the  present  liberty  which  God  hath  granted  by  preaching  of 
the  word  and  the  true  ministration  of  the  sacraments  within 
this  realm ;  so  it  is  to  provide  that  all  abuses  which  as  yet 
remain  in  the  Church  be  removed  and  taken  away. 

2.  Therefore  first  the  admission  of  men  to  papistical  titles 
of  benefices,  such  as  serve  not  nor  have  any  function  in  the 
reformed  Church  of  Christ,  as  abbots,  commendators,  priors, 
prioresses,  and  other  titles  of  abbeys,  whose  places  are  now 
by  the  first  judgments  of  God  demohshed,  and  purged  of 
idolatry,  is  plain  abusion,  and  not  to  be  received  in  the  king- 

L^esty'and  dom  of  Christ  amongst  us. 

suppHcafed       3,  In  like  manner,  seeing  they  that  were  called  of  old  the 

for  dissolu 


of  th^ese  chapters  and  convents  of  abbeys,  cathedral-churches,  and  the 
mfni's-  like  places,  serve  for  nothing  now  but  to  set  feus  and  leases 


preli 
tliat 

provided  to  of  church-lands  (if  any  be  left)  and  tithes,  to  the  hurt  and 
churches,  at  prejudice  thereof,  as  daily  experience  teaches,  the  same  ought 

the  death 
the  preseii 


the  death  of  to  bo  Utterly  abolished  and  abrogated. 

4.  Of  the  like  nature  are  the  deans,  archdeacons,  chantors, 
over?^*^      ^ubchantors,  thesaurers,  chancellors,  and  others,  having  the 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  249 

like  titles,  which  flowed  from  the  pope  and  canon  law  only, 
and  have  no  place  in  the  reformed  church. 

5.  The  churches  also  which  are  united  and  joined  together  s.  passed 
by  annexation  to  benefices  ought  to  be  separated  and  divided, 

and  given  to  qualified  ministers,  as  God's  word  requires  : 
neither  ought  such  abusers  of  the  patrimony  of  the  Church 
have  voice  in  parhament,  nor  sit  in  council  in  name  of  the 
Church  and  churchmen,  to  the  hurt  and  prejudice  of  the 
liberty  thereof,  and  laws  of  the  realm  made  in  favours  of  the 
reformed  church. 

6.  Much  less  is  it  lawful  that  one  person  amongst  these  6-  f^l^J^^ 
should  have  five  or  six,  ten  or  twenty  churches,  all  having  the  dissolution. 
cure  of  souls,  and  enjoy  the  patrimony  thereof,  either  by  ad- 
mission of  the  prince  or  of  the  Church  in  this  light  of  the 
gospel ;  for  it  is  but  mockery  to  crave  reformation  where  the 

like  have  place. 

7.  And  albeit  it  was  thought  ffood,  for  avoiding  greater  in-  7.  An  act  to 

^  be  sought 

conveniences,  that  the  old  possessors  of  such  benefices  who  fordisponing 

i  ,      .  these  united 

embraced  the  religion  should  enioy  by  permission  the  two '''i"r«*'es »», 

o  0    tj        ti     i.  ^  ministers  af- 

parts  of  the  rents  which  they  possessed  before,  during  their  ^fthr^r'^-* 
Hfetime ;  yet  it  is  not  tolerable  to  continue  in  the  like  abuse,  s^g.^"'**^ 
and  give  these  places  and  other  benefices  of  new  to  men,  as 
unmeet,  or  rather  unmeeter,  who  have  no  mind  to  serve  in 
the  Church,  but  live  an  idle  hfe,  as  others  did  who  enjoyed  the 
same  in  time  of  blindness. 

8.  And  whereas,  by  the  order  taken  at  Leith,  1571,  it  ap-  g.  Referred, 
pears  that  such  may  be  admitted,  being  found  quahfied; 
either  that  pretended  order  is  against  all  good  order,  or  else 

it  must  be  understood  not  of  them  tliat  are  quahfied  for 
worldly  affairs,  or  to  serve  in  court,  but  such  as  are  qualified 
to  teach  God's  word,  and  have  their  lawful  admission  of  the 
Church. 

9.  As  to  bishops,  if  the  name  be  properly  taken,  it  is  all  ^•J^''„Vt*he 
one  with  the  name  of  minister,  as  was  before  declared  ;  for  it  ^I'^lfl  ^^• 
is  not  the  name  of  superiority  or  lordship,  but  of  office  and 
watching.    Yet  because  in  the  corruption  of  the  Church  this 
name  hath  been  abused,  and  is  like  to  be,  we  cannot  allow 

this  fashion  of  these  new  chosen  bishops,  nor  of  the  chapters 
that  are  their  electors  to  such  an  office. 

10.  True  bishops  should  addict  themselves  to  one  particular  in.  Agreed 

J^  •   1  1         1 J       1  *        bishops 

flock,  which  divers  of  them  refuse ;    neither  should  they  ji^'J^j^l^J^ 


350  THE  HISTORY  OF  THE  [a.  D.  1578. 

usurp  lordship  over  their  brethren  and  the  inheritance  of 

Christ. 
11.  and  12.        11.  Pastors,  in  so  far  as  they  are  pastors,  have  not  the 
cese  be^di-°"  visitation  of  more  churches  joined  to  the  pastorship,  unless  it 
such  sort  as  be  Committed  to  them. 
reSonawT       12.  It  is  a  comiDtion  that  bishops  should  have  farther 

visit;  and  .    .  ,  .'^ 

for  the  per-  bouuds  to  visit  nor  they  may  couveniently  overtake  ;  neither 

petuity  of  ... 

visitors  it  is  ought  any  man  to  have  the  visitation  of  churches  but  he  that 

referred  to  O  J 

son\n*"*''"  ^^  chosen  by  the  presbytery. 

13.  Passed        13.  The  eldcrsliips  Avell  established  have  power  to  send  out 

visitors  with  commission  to  visit  the  bounds  within  their  elder- 
ship, and  after  account  taken  be  either  continued  or  changed 
from  time  to  time,  being  subject  always  to  their  elderships. 

14.  Agreed.       14.  The  Criminal  jurisdiction  in  the  person  of  a  pastor  is  a 

corruption. 

15.  Passed        15.  It  agrocs  not  with  the  word  of  God,  that  bishops 

should  be  pastors  of  pastors,  or  pastors  of  many  flocks,  and 
yet  be  without  a  certain  flock,  and  no  ordinary  teacher ;  nor 
doth  it  agree  with  the  scripture,  that  they  should  be  exeemed 
from  the  correction  of  their  brethren,  and  the  discipline  of  the 
particular  elderships  of  the  church  where  they  shall  serve ; 
neither  that  they  usurp  the  oflice  of  visitation  of  other 
churches,  nor  any  other  function  besides  that  of  other  minis- 
ters, unless  the  same  be  committed  to  them  by  the  Church. 

16.  Passed        16.  Heretofore  we  desire  the  bishops  that  now  are,  either 
''^^'         to  agree  to  that  order  which  God's  word  requires,  and  not 

to  pass  the  bounds  prescribed  by  the  general  Church,  either 
in  civil  or  ecclesiastical  affairs,  or  to  be  deposed  from  all  func- 
tion in  the  Church. 

17.  Agreed.       17.  We  deny  not  in  the  mean  time  that  ministers  may  and 

should  assist  their  princes,  when  they  are  required,  in  all 
things  agreeable  to  the  word  of  God,  whether  it  be  in  coun- 
cil or  parliament,  or  out  of  council :  providing  always  they 
neither  neglect  their  own  charges,  nor  through  flattery  of 
princes  hurt  the  public  estate  of  the  Church. 
i«.Referrcd.  18.  But  generally  we  say,  that  no  pastor  under  whatso- 
ever title  of  the  Church,  and  specially  the  abused  titles  in 
popery,  of  prelates,  chapters,  and  convents,  ought  to  attempt 
anything  in  the  Church's  name,  either  in  council  or  parlia- 
ment, or  out  of  council,  without  the  commission  of  the 
reformed  church  within  this  realm. 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  251 

19.  It  is  provided  by  act  of  pai'liament,  that  the  papistical  19.  Agreed 
church  and  jurisdiction  shall  have  no  place  within  this  realm,  bemadethlt 
and  that  no  bishop  nor  prelate  should  use  any  jurisdiction  in  diminish  the 

n        •  f  ^  1        •  iTi  .        patrimony 

time  coming  flowing  from  the  pope's  authority  :  and  hkewise  of  t^'^^^^ 
that  no  other  ecclesiastical  jurisdiction  should  be  acknowledged 
within  this  realm,  but  that  Avliich  is  and  shall  be  in  the  re- 
formed church,  and  flowing  from  the  same.  And  such  we 
esteem  the  chapters  holden  in  papistical  manner,  either  of 
cathedral-churches,  abbeys,  colleges,  or  other  conventual 
places,  usurping  the  name  and  authority  of  the  Church,  to 
hurt  the  patrimony  thereof,  or  using  any  other  act  to  the 
prejudice  of  the  same  since  the  year  1560,  by  abusion  and 
corruption,  contrary  to  the  hbcrty  of  the  Church  and  laws  of 
the  realm ;  which  therefore  ought  to  be  annulled,  reduced, 
and  in  time  coming  utterly  discharged. 

20.  The  dependences  also  of  the  papistical  jurisdiction  are  gn.  That  the 
to  be  abolished,  of  which  sort  is  the  mingled  jurisdiction  of  ^se  wh^t^" 
the  commissars,  in  so  far  as  they  meddle  with  ecclesiastical  atlohl^''^ 
matters,  and  have  no  commission  of  the  Church  thereto,  but  thTcom^s- 
were  elected  in  time  of  our  sovereign's  mother,  when  things  ^"' 
were  out  of  order.    It  is  an  absurd  thing  that  divers  of  them, 
having  no  function  m  the  Church,  should  be  judges  in  deposing 
ministers  from  their  places.    Wherefore  they  would  be  either 
discharged  to  meddle  with  ecclesiastical  matters,  or  it  would 

be  limited  to  them  in  what  matters  they  might  judge,  and 
not  hurt  the  liberty  of  the  Church. 

21.  They  also  that  before  were  of  the  ecclesiastical  estate  21.  Answer- 
in  the  pope's  church,  or  that  are  admitted  of  new  to  the  *^  ''^'"''^' 
papistical  titles,  and  now  tolerated  by  the  laws  of  the  realm 

to  possess  the  two  parts  of  their  ecclesiastical  rents,  ought 
not  to  have  any  farther  liberty,  but  to  intromit  with  the  por- 
tion granted  and  assigned  to  them  for  their  lifetimes,  and  not 
under  the  abused  titles  which  they  carry  to  dispone  the 
church-i'ents,  setting  in  feus  and  leases  the  same  at  their 
pleasure,  to  the  great  hurt  of  the  poor  labourers  that  dwell 
upon  the  church-lands,  and  the  prejudice  of  the  Church,  con- 
trary to  good  conscience  and  all  order. 

Chap.  12.  Special  Heads  craved  to  be  reformed. 
1.   Whatsoever  hath  been  spoken  of  church  oflices,  thej^^g^^^^ 
several  power  of  oflice-bearers,  their  conjunct  powers,  and 


252  THE  HISTORY  OF  THE  [a.  D.   1578. 

last  of  the  patrimony  of  the  Church,  we  understand  it  to  be 
the  right  reformation  which  God  requires,  but  because  some- 
thing would  be  touched  in  particular  concerning  the  estate  of 
the  country,  and  that  which  we  crave  presently  to  be  re- 
formed in  the  same,  we  have  collected  them  in  the  heads 
following : — 

2.  Agreed.        2.  Seeing  the  whole  country  is  divided  in  provinces,  and 

these  provinces  in  parishes,  as  well  to  landward  as  in  towns, 
in  every  parish  and  reasonable  congregation  there  would  be 
placed  one  or  more  pastors,  and  no  pastor  or  minister  be  bur- 
dened with  the  charge  of  more  churches  than  one  allenarly. 

3.  Agreed.        3.  And  bocause  it  will  be  thought  hard  to  find  out  minis- 

ters to  all  the  parish  churches  of  the  realm,  we  think,  by  the 
advice  of  such  as  the  prince  or  Church  may  appoint,  parishes 
in  small  villages,  or  to  landward,  may  be  united,  and  the 
principal  or  most  commodious  church,  at  which  the  minister 
resides,  repaired  sufficiently ;  the  rest  that  are  not  found 
necessary  being  suffered  to  decay,  and  the  church-yards  re- 
served for  burial-places.  As  also  where  the  congregation  is 
too  large,  the  same  would  be  divided. 

4.  Agreed.        4.  Doctors  would  be  appointed  in  universities,  colleges,  and 

other  places  needful  for  opening  the  scriptures,  and  teaching 
the  rudiments  of  religion,  who  would  also  be  sufficiently 
provided. 

5.  Deferred  ^-  As  to  cldors,  there  would  be  in  every  congregation  one 
jota^g^'of  01'  more  appointed  for  censuring  of  manners,  but  not  an  as- 
churches.     gembly  of  elders,  except  in  towns  and  famous  places,  where 

men  of  judgment  and  abihty  may  be  had :  And  these  to  have 
a  common  eldership  placed  amongst  them,  to  treat  of  all 
things  that  concern  the  congregations  of  whom  they  have  the 
oversight. 

6.  Agreed  as      6.  And  as  there  ought  men  to  be  appointed  for  the  dividing 

depending  ,.  °  iit  .  i 

on  the  for-  or  unituig  of  panshos,  as  need  and  commodity  requn^es ;  so  by 
the  general  Church,  with  the  consent  of  the  prince,  some 
that  fear  God,  and  know  the  estate  of  the  countries,  would 
be  chosen  to  design  the  places  where  the  particular  elderships 
should  convene ;  taking  consideration  of  the  dioceses,  as  they 
were  divided  of  old,  and  of  the  estate  of  the  countries  and 
provinces, 
over^^he  7.  Likowiso  concorning  provincial  and  synodal  assembUes, 
provincial    cousideration  would  be  taken  how  many,  and  in  what  places 

assemblies.  " 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  253 

they  should  convene,  and  how  often ;  the  same  must  be  re- 
ferred to  the  liberty  of  the  general  Church. 

8.  The  national  assemblies,  called  commonly  the  general,  before!**^  ^' 
ought  to  be  maintained  in  their  liberty,  and  have  their  own 

place,  with  power  to  the  Church  to  appoint  times  and  places 
of  meeting  ;  and  all  men,  as  well  magistrates  as  subjects,  be 
subject  to  their  judgment  in  causes  ecclesiastical,  without 
reclamation  or  appellation  to  any  judge,  civil  or  ecclesiastical. 

9.  The  liberty  of  electing  persons  to  ecclesiastical  func-  ^\^f^ll^  f 
tions,  observed  without  interruption  so  long  as  the  Church 

was  not  corrupted  by  Antichrist,  we  desire  to  be  restored  and 
retained  within  this  realm ;  so  as  none  be  intruded  upon  any 
congregation,  either  by  the  prince  or  any  other  inferior  per- 
son, without  lawful  election  and  the  assent  of  the  people  over 
whom  the  person  is  placed,  according  to  the  practice  of  the 
apostolic  and  primitive  church. 

10.  And  because  this  order  cannot  stand  with  patronages  lo.Referred. 
and  presentation  of  benefices  used  in  the  pope's  church,  we 

desire  all  those  that  truly  fear  God  to  consider  that  patron- 
ages and  benefices  have  no  ground  in  the  word  of  God,  but 
ai-e  contrary  to  the  same,  and  to  the  liberty  of  election  of 
pastors,  and  ought  not  now  to  have  place  in  the  light  of  re- 
formation. And  therefore  whosoever  will  embrace  the  light 
of  God's  word,  and  desires  the  kingdom  of  his  son  Jesus 
Christ  to  be  advanced,  would  also  embrace  and  receive  the 
policy  Avhich  the  word  of  God  craves,  otherwise  it  is  in  vain 
that  they  have  professed  the  same. 

11.  Notwithstanding,  for  other  patronages  of  benefices  not  "u'^jfj^t^e 
having  curam  animarum,  such  as  chaplainries,  prebendaries,  paruament. 
founded  upon  temporal  lands,  annuals,  or  such  like,  they  may 

be  reserved  to  the  ancient  patrons,  and  be  disponed  by  them 
to  scholars,  bursars,  when  they  fall  void,  as  they  are  required 
by  act  of  parUament. 

12.  As  to  the  church-rents  in  general,  we  desire  that  JotKSd*^ 
order  be  maintained  and  admitted  which  may  stand  with  the  ofdeacoi^s. 
sincerity  of  God's  word  and  practice  of  the  Church  of  Christ 

in  the  purest  times  thereof :  that  is,  that  the  whole  patrimony 
of  the  Church  (the  small  patronages  before  mentioned  being 
excepted)  may  be  divided  in  four  portions,  one  thereof  to  be 
assigned  to  the  pastor  for  his  entertainment  and  keeping  hos- 
pitality ;  another  to  the  elders,  deacons,  and  other  officers  of 


254  THE  HISTORY  OF  THE  [a.  D.  1578. 

the  Church,  as  clerks  of  assembhes,  takers  up  of  psalms, 
beadles,  and  keepers  of  the  Church,  so  far  as  they  are  ne- 
cessary, joining  therewith  the  doctors  of  schools,  for  help  of 
the  old  foundations  where  need  requires ;  the  third  portion 
to  be  bestowed  upon  the  poor  members  of  Christ ;  and  the 
fourth  upon  the  reparations  of  churches,  and  other  extraor- 
dinary charges,  that  are  profitable  to  the  Church  and  com- 
monwealth. 

13.  We  desire  therefore  the  ecclesiastical  goods  to  be  up- 
lifted and  faithfully  distributed  by  the  deacons,  to  whose 
office  the  collection  and  distribution  belongeth,  that  the  poor 
may  be  answered  of  their  portion,  the  ministers  not  distracted 
from  their  callings,  and  the  rest  of  the  thesaurie  of  the  Church 
bestowed  upon  the  right  uses. 

14.  If  these  deacons  be  elected  with  such  qualities  as  God's 
word  requires,  there  is  no  fear  to  be  taken  of  their  abuse ; 
yet  because  this  vocation  appears  to  be  dangerous  to  many, 
let  them  be  obliged,  as  they  were  of  old,  in  an  yearly  account 
to  the  pastors  and  eldership ;  and,  if  the  Church  and  the 
prince  think  expedient,  let  surety  be  found  for  their  fidehty, 
and  that  the  church-rents  shall  no  way  be  dilapidated. 

15.  And  to  the  effect  this  order  may  take  place,  all  other 
intromitters  with  the  church-rents,  collectors  general  or 
special,  whether  by  the  appointment  of  the  prince  or  other- 
wise, must  be  discharged  of  farther  intromission,  and  suffer 
the  church-rents  hereafter  to  be  wholly  intromitted  with  by 
the  deacons,  and  distributed  to  the  uses  before  mentioned. 

16.  And  also  to  the  effect  that  the  ecclesiastical  rents  may 
suffice  to  these  uses,  we  desire  all  alienations  by  feus  or  leases 
of  the  rents  of  the  Church,  as  well  lands  as  tithes,  in  diminu- 
tion of  the  old  rentals,  to  be  reduced  and  annulled,  and  the 
patrimony  of  the  Church  fully  restored.  As  likewise  that  in 
time  coming  the  tithes  be  set  to  none  but  to  the  labourers  of 
the  ground,  as  was  agreed,  and  subscribed  by  the  nobility,  or 
then  not  set  at  all. 

Chap.  13.   The  Conclusion,  showing  the  Utility  that  shall 
flow  from  this  Reformation  to  all  Estates. 

1.  Seeing  the  end  of  this  spiritual  government  and  policy 
is,  that  God  may  be  glorified,  the  kingdom  of  Jesus  Christ 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  255 

advanced,  and  they  who  are  of  his  mystical  body  live  peace- 
ably, keeping  a  good  conscience  ;  we  do  boldly  affirm  that  all 
who  have  true  respect  to  these  ends  will  even  for  conscience 
cause  gladly  agree,  and  conform  themselves  to  this  order, 
advancing  the  same  so  far  as  lies  in  them ;  that  their  conscience 
being  set  at  rest,  they  may  be  replenished  with  spiritual 
gladness  in  giving  full  obedience  to  God's  word,  and  refusing 
all  corruption  contrary  to  the  same. 

2.  Next,  this  realm  shall  become  an  example  and  pattern  of 
good  and  godly  order  to  other  nations,  countries,  and 
churches  professing  the  same  religion;  that  as  they  have 
praised  God  for  our  continuing  in  the  sincerity  of  the  word 
without  all  errors,  so  they  may  have  the  like  occasion  when 
we  shall  conform  ourselves  to  that  discipline,  policy,  and 
good  order  which  the  same  word  and  purity  of  reformation 
craves  at  our  hands  :  otherwise  that  fearful  sentence  may  be 
justly  said  to  us,  "  That  servant  that  knoweth  the  will  of  his 
Master,  and  doth  it  not,"  &c. 

3.  Moreover,  if  we  have  any  pity  or  respect  of  the  poor 
members  of  Jesus  Christ,  who  so  greatly  increase  and  multiply 
amongst  us,  we  will  not  suffer  them  to  be  longer  defrauded 
of  that  part  of  the  patrimony  of  the  Church  that  justly  be- 
longeth  to  them.  And  by  this  order,  if  it  be  duly  put  in 
execution,  the  burden  of  the  poor  shall  be  taken  off  the 
comitry,  and  the  streets  cleansed  of  their  cryings  and  mur- 
murings,  so  as  we  shall  not  be  any  more  a  scandal  to  other 
nations,  as  we  have  hitherto  been. 

4.  Besides,  it  shall  be  a  great  ease  and  commodity  to  the 
whole  commons,  relieving  them  of  the  building  and  repairing 
of  their  churches,  bridges,  and  other  like  public  works ;  it 
shall  bo  a  relief  to  the  labourers  of  tlie  ground  in  payment  of 
their  tithes,  and  all  other  things  wherein  they  have  hitherto 
been  rigorously  used  by  them  that  were  falsely  called  church- 
men, and  their  taskmen,  factors,  chamberlains,  and  extor- 
tioners. 

5.  Finally,  to  the  king's  majesty  and  estate  this  profit 
shall  redound,  that  the  affairs  of  the  Church  being  sufficiently 
provided  according  to  the  foresaid  distribution,  the  superplus 
may  be  liberally  bestowed  for  the  supporting  of  the  prince's 
estate,  and  the  affairs  of  the  commonwealth. 

6.  So  to  conclude,  all  being  willing  to  apply  themselves  to 


256  THE  HISTOIIY  OF  THE  [a.  D.  1578. 

this  order,  the  people  suffering  themselves  to  be  ruled  ac- 
cording thereto,  the  princes  and  magistrates  not  exempted, 
and  they  that  are  placed  in  the  ecclesiastical  estate  ruling  and 
governing  rightly,  God  shall  be  glorified,  the  Church  edified, 
and  the  bounds  thereof  enlarged,  Christ  Jesus  and  his  king- 
dom advanced,  Satan  and  the  kingdom  of  darkness  subverted, 
and  God  shall  dwell  in  the  midst  of  us  to  our  comfort  in 
Jesus  Christ,  who  with  the  Father  and  Holy  Ghost  abideth 
blessed  in  all  eternity.     Amen. 

This  was  the  form  of  policy  presented  to  the  parliament, 
and  the  effect  of  the  commission  granted  for  the  same. 
Such  general  heads  as  did  not  touch  the  authority  of  the 
king,  nor  prejudge  the  liberty  of  the  estate,  were  easily 
agreed.  The  rest  were  passed  over  or  deferred,  as  we  have 
seen,  to  farther  reasoning ;  which  could  not  after  this  time 
be  obtained  of  the  council,  one  excuse  or  other  being  still 
pretended.  The  ministers  perceiving  they  would  not  speed 
this  way,  did  in  their  next  Assembly  resolve  to  put  their 
conclusions  in  practice,  without  insisting  any  more  for  rati- 
fication thereof.  And  beginning  with  Mr  James  Boyd, 
archbishop  of  Glasgow,  whom  they  hoped  to  find  most  tract- 
able, he  was  desired  to  submit  himself  to  the  Assembly,  and 
to  suffer  the  corruptions  of  the  episcopal  estate  to  be  re- 
formed in  his  person.  After  long  reasoning  kept  with  him 
by  the  moderator  David  Ferguson  and  some  others,  he  pre- 
sented this  answer  in  writing. 

"  I  understand  the  name,  office,  and  reverence  given  to  a 
bishop  to  be  lawful  and  allowable  by  the  scriptures  of  God ; 
and  being  elected  by  the  Church  and  king  to  be  bishop  of 
Glasgow,  I  esteem  my  calling  and  office  lawful,  and  shall 
endeavour  with  all  my  power  to  perform  the  duties  required, 
submitting  myself  to  the  judgment  of  the  Church,  if  I  shall 
be  tried  to  offend,  so  as  nothing  be  required  of  me  but  the 
performance  of  those  duties  Avhicli  the  apostle  prescribeth. 
As  to  the  rent,  living,  and  privileges  granted  to  me  and  my 
successors,  I  think  I  may  lawfully  and  with  a  good  conscience 
enjoy  the  same.  And  for  assisting  the  king  with  my  best 
service  in  council  and  parHament,  as  my  subjection  ties  me 
thereto,  so  I  esteem  it  no  hurt,  but  a  benefit  to  the  Church, 
that  some  of  their  number  should  be  always  present  at  the 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  257 

making  of  laws  and  statutes ;  wherein  for  myself  I  neither 
intend,  nor  by  the  grace  of  God  shall  ever  do  anytliing  but 
that  which  I  believe  may  stand  with  the  purity  of  the  word 
of  God,  and  the  good  of  the  Church  and  country." 

This  answer  read  in  open  Assembly  was  judged  insufficient, 
and  he  required  to  bethink  himself  better,  and  be  present  in 
the  afternoon.  But  he  excusing  himself,  retui'ned  not  to  the 
Assembly  :  whereupon  commission  was  given  to  Mr  Andrew 
Hay,  Mr  Andrew  Melvill,  and  some  brethreu  in  the  west, 
to  urge  his  subscription  to  the  act  made  at  Stirling  for  re- 
formation of  the  estate  episcopal ;  and,  if  he  did  refuse,  to 
proceed  against  him  with  the  censures  of  the  Church.  The 
bishop  taking  grievously  these  proceedings,  and  having  re- 
ceived about  the  same  time  a  great  wrong  at  the  hands  of 
his  cousin  Robert  Boyd  of  Baldinheth,  by  the  demolishing 
of  the  house  of  Lock  wood,  which  is  in  the  barony  of  Glasgow, 
contracted  a  melancholy,  whereof  he  died  not  long  after  at 
Glasgow.  Nothing  did  more  grieve  him  than  the  ingratitude 
of  Mr  Andrew  Melvill  and  his  uncourteous  forms.  He  had 
brought  the  man  to  Glasgow,  placed  him  principal  in  the  college, 
bestowed  otherwise  liberally  upon  him,  and  was  paid  for  this 
his  kindness  with  most  disgraceful  contempt.  In  private  and 
at  the  bishop's  table  (to  which  he  was  ever  welcome)  no  man 
did  use  him  with  greater  respect,  giving  him  his  titles  of 
dignity  and  honour ;  but  in  the  public  meetings,  where  he 
owed  him  greatest  reverence,  he  would  call  him  by  his 
proper  name,  and  use  him  most  uncivilly.  The  commission 
of  the  Assembly  he  exerced  with  all  rigour,  and  by  threaten- 
ing the  bishop  with  the  censures  of  the  Church,  induced  him 
to  set  his  hand  to  certain  articles  which,  as  he  professed  in 
his  sickness,  did  sore  vex  his  mind  ;  yet  being  comforted  by 
Mr  Andrew  Polwart,  sub-dean  of  Glasgow,  he  departed  this 
life  in  great  quietness.  He  was  a  wise,  learned,  religious 
prelate,  and  worthy  to  have  lived  in  better  times  than  he 
fell  into.  His  corpse  was  solemnly  buried  in  the  quire  of  the 
cathedral,  and  laid  in  the  sepulchre  of  Mr  Gavan  Dunbar, 
one  of  his  predecessors. 

The  small  respect  carried  to  bishops  in  these  assembhes  of 
the  Church  made  them  to  dishaunt  and  come  no  more  unto 
the  same.  Yet  matters  went  on ;  and  because  the  arch- 
bishop of  St  Andrews  did  absent  himself,  commission  was 

VOL.  n.  17  . 


258  THE  HISTORY  OF  THE  [a.  D.  1578. 

given  to  certain  of  their  number  to  call  him  before  them,  and 
charge  him  to  remove  the  corruptions  in  the  estate  of  bishops 
in  his  own  person,  which  they  reckoned  to  be  seven ;  ordaining 
him,  and  the  bishops  that  would  submit  themselves  to  cor- 
rection, to  set  their  hands  to  the  conditions  following  : — 

1.  That  they  should  be  content  to  be  ministers  and  pastors 
of  a  flock. 

2.  That  they  should  not  usurp  any  criminal  jurisdiction. 

3.  That  they  should  not  vote  in  parliament  in  name  of  the 
Church,  unless  they  had  a  commission  from  the  General 
Assembly. 

4.  That  they  should  not  take  up,  for  maintaining  their  am- 
bition, the  rents  which  might  maintain  many  pastors, 
schools,  and  poor,  but  content  themselves  with  a  reason- 
able portion  for  discharging  their  office. 

5.  That  they  should  not  claim  the  title  of  temporal  lords, 
nor  usurp  any  civil  jurisdiction,  whereby  they  might  be 
withdrawn  from  their  charge. 

G.  That  they  should  not  empire  over  presbyteries,  but  be 
subject  to  the  same. 

7.  That  they  should  not  usurp  the  power  of  presbyteries, 
nor  take  upon  them  to  visit  any  bounds  that  were  not  com- 
mitted to  them  by  the  Church. 

Lastly,  it  was  provided,  that  if  any  more  corruptions  should 
afterwards  be  tried,  the  bishops  should  agree  to  have 
them  reformed. 

What  troubles  hereupon  arose,  both  in  the  Church  and 
country,  we  shall  afterwards  hear. 

In  Glasgow  the  next  spring  there  happened  a  little  dis- 
turbance by  this  occasion.  The  magistrates  of  the  city,  by 
the  earnest  dealing  of  Mr  Andrew  Melvill  and  other  minis- 
ters, had  condescended  to  demolish  the  cathedral,  and  build 
with  the  materials  thereof  some  little  churches  in  other  parts, 
for  the  ease  of  the  citizens.  Divers  reasons  were  given  for 
it ;  such  as  the  resort  of  superstitious  people  to  do  their 
devotion  in  that  place ;  the  huge  vastness  of  the  Church, 
and  that  the  voice  of  a  preacher  could  not  be  heard  by  the 
multitudes  that  convened  to  sei'mon  ;  the  more  commodious 
service  of  the  people ;   and  the  removing  of  that  idolatrous 


A.  D.  1578.]  CHURCH  OF  SCOTLAND.  259 

monument  (so  they  called  it),  which  was  of  all  the  cathedrals 
in  the  country  only  left  uuruined,  and  in  a  possibility  to  be 
repaired.  To  do  this  work,  a  number  of  quarriers,  masons, 
and  other  workmen  was  conduced,  and  the  day  assigned 
when  it  should  take  beginning.  Intimation  being  made 
thereof,  and  the  workmen  by  sound  of  a  drum  warned  to  go 
unto  their  work,  the  crafts  of  the  city  in  a  tumult  took 
arms,  swearing  with  many  oaths,  that  he  who  did  cast  down 
the  first  stone  should  be  buried  under  it.  Neither  could 
they  be  pacified  till  the  workmen  were  discharged  by  the 
magistrates.  A  complaint  was  hereupon  made,  and  the 
principals  cited  before  the  council  for  insurrection  :  where 
the  king,  not  as  then  thirteen  years  of  age,  taking  the  pro- 
tection of  the  crafts,  did  allow  the  opposition  they  had  made, 
and  inhibited  the  ministers  (for  they  were  the  complainers) 
to  meddle  any  more  m  that  business,  saying,  "  That  too 
many  churches  had  been  already  destroyed,  and  that  he  would 
not  tolerate  more  abuses  in  that  kind." 

A  little  before  this  time  the  abbot  of  Dunfermline,  being 
returned  from  England,  related  in  council  the  effects  of  his 
negotiation,  and  was  approved  by  all.  For  that  which  he 
had  in  commission  touching  the  Lady  Lennox,  he  remitted 
the  answer  to  the  queen's  own  letters  dehvered  to  the  king. 
Concerning  the  disorders  fallen  out  in  the  borders,  the  queen, 
he  said,  did  accept  the  excuse  he  made  in  good  part,  saying, 
she  was  assured  that  both  the  king  and  council  were  offended 
therewith,  and  that  she  was  content  the  same  should  be  re- 
dressed by  the  advice  of  the  wardens  on  both  sides  ;  onl}^  de- 
sired that  in  time  coming  the  king  would  make  choice  of  Avise 
and  experienced  men,  incUned  to  peace  and  justice,  to  com- 
mand in  those  parts.  As  to  the  league,  he  declared  that  the 
queen  had  a  good  incUnation  unto  it,  holding  the  same  a  most 
sure  means  to  repress  the  practices  of  enemies  both  at  home 
and  abroad  :  But  in  regard  he  had  no  warrant  to  descend 
into  particulars,  he  had  abstained  from  any  dealing  therein, 
and  could  not  but  testify  that  he  saw  in  her  a  great  care  of 
the  king  his  good  estate,  and  that  both  he  and  his  message 
were  most  kindly  accepted. 

The  king  in  this  meantime,  to  pacify  the  borders  which 
were  broken  loose,  chiefly  in  the  west  parts,  gave  the  Lord 
Ruthvcn  a  commission  of  lieutenandry,  which  he  discharged 


260  THE  HISTORY  OF  THE  [a.  D.  1579. 

with  great  commendation  ;  and  bringing  with  him  the  Lord 
Maxwell,  who  was  warden  of  the  bounds,  returned  to  Stirling 
the  twentieth  of  January.  A  frequent  council  was  there  kept 
for  the  time,  wherein  the  Lord  Maxwell  being  challenged 
of  negligence  in  his  office,  did  answer,  "  That  he  had  only 
the  title  of  a  warden,  and  that  the  limitations  of  his  charge, 
and  the  exemptions  granted  to  the  gentlemen  of  the  country, 
made  the  office  needless  and  contemptible.  But  if  the  king 
should  be  pleased  to  discharge  the  exemptions,  and  give  him 
a  free  commission,  such  as  his  predecessors  were  wont  to 
have,  he  should  strive  to  do  his  best  service  to  his  majesty 
and  the  country."  This  answer  was  not  well  taken,  and  the 
Lord  Herries  (as  one  known  to  have  greatest  experience  in 
these  matters)  being  desired  to  give  his  opinion,  delivered  the 
same  in  a  long  speech  to  this  purpose.  "  Your  majesty," 
said  be,  "  hath  in  dehberation  a  business  of  great  importance, 
whereof  it  were  more  fitting  any  man  should  give  his  opinion 
than  1,  by  reason  of  the  suspicion  I  stand  in  with  the  present 
warden ;  for  what  I  say  will  be  interpreted  to  proceed  of 
spleen,  and  of  a  desire  to  have  the  charge  taken  from  him,  and 
not  of  any  care  I  take  of  your  majesty's  service,  or  the  good  and 
benefit  of  the  country  :  yet  seeing  your  majesty  commands  me 
to  speak,  I  will  rather  hazard  on  such  misinterpretings,  than 
keep  back  anything  which  I  know  to  be  useful  and  necessary 
for  the  errand.  And  what  I  speak,  I  desire  it  to  be  under- 
stood of  the  west  marches  only,  to  which  my  experience 
chiefly  reacheth.  But  because  the  evils  would  first  be  known, 
I  will  begin  at  them,  and  then  propone  the  fittest  and  most 
easy  remedies  to  my  conception.  Sire,  a  little  before  the 
death  of  your  majesty's  noble  grandfather.  King  James  the 
Fifth,  some  few  disloyal  subjects  of  this  realm  fleeing  into 
England,  did  plant  themselves  in  a  parcel  of  waste  ground 
that  lies  opposite  to  the  west  borders  of  Scotland,  and  being 
maintained  by  the  English  grew  unto  such  numbers,  and 
became  so  insolent,  as  they  made  daily  incursions  upon  the 
country.  Your  majesty's  grandfather  did  hereupon  employ 
certain  forces  against  them,  intending  to  sack  and  destroy 
their  houses,  and  make  them  unable  from  thenceforth  to 
annoy  his  subjects.  But  these  forces  not  being  rightly 
governed,  and  lacking  the  provision  that  was  required  for 
such  an  enterprise,  were  put  to  the  worse,  and  shamefully 


A.  D.  1579.]  CHURCH  OF  SCOTLAND.  261 

discomfited.  At  that  time,  what  by  ransoming  prisoners, 
what  by  the  spoil  they  got,  they  gained  above  one  hundred 
thousand  marks,  wherewith,  and  by  the  depredations  they 
have  made  since  that  time,  they  are  become  wealthy,  have 
built  eight  or  nine  strong  houses  upon  the  frontiers  of  your 
realm,  that  no  warden's  power  is  able  to  force.  They  have 
joined  in  alliance  with  divers  of  our  own  borderers,  as  wickedly 
disposed  as  themselves,  and  are  so  feared,  that  every  man  is 
glad  of  their  friendship,  without  which  none  is  thought  to 
have  any  surety  either  of  life  or  goods.  When  your  grand- 
father departed  this  life,  which  was  in  the  year  1542,  they 
did  not  exceed  the  number  of  twenty  or  thirty  men  at  most. 
Now  they  are  grown  to  three  or  four  hundred,  dwell  nigh 
to  others,  are  well  armed,  have  good  horses,  and  upon  a 
simple  shout  are  ready  to  join  in  defence  one  of  another. 
The  borderers  on  the  Scots  side  are  not  in  this  condition ; 
for  the  space  of  twenty  miles  there  is  not  a  strength  in  which 
an  honest  man  may  sleep  safe,  no  town  nor  stronghold  to 
retire  unto  in  time  of  necessity,  neither  is  the  country 
populous,  nor  is  it  fruitful,  the  ground  being  a  pasture  ground, 
barren,  and  profitable  only  for  bestial ;  the  people  that  in- 
habit the  same  poor,  unruly,  and  not  subject  to  order.  So 
what  for  the  number  of  these  wicked  men  that  live  in  the 
English  borders,  what  for  the  ill  disposition  of  our  own,  it  is 
a  charge  most  difficult  to  guard  these  marches,  and  to  contain 
the  people  from  doing  or  receiving  wrong.  The  only  remedy 
in  this  time  of  peace  is,  to  keep  our  own  countrymen  in  awe 
and  fear  of  justice,  so  as  neither  they  break  loose  themselves, 
nor  have  any  dealing  with  their  neighbours  under  hand  in 
their  wicked  practices.  And  how  this  may  be  done  most  surely, 
your  majesty  and  this  honourable  council  is  to  think ;  my 
opinion  I  .have  set  down  in  some  articles,  which  I  humbly 
submit  to  your  majesty's  and  council's  censure." 

Having  thus  spoken,  he  presented  a  writing  containing  these 
heads : — 

1.  That  the  warden  should  make  his  residence  in  Lochmaben 
with  his  family ;  and  if  in  the  winter  season  he  made  his 
stay  in  Dumfries,  he  should  depute  a  sufficient  gentleman 
for  holding  courts  of  justice  weekly,  according  to  the 
ancient  form. 


262  THE  HISTORY  OF  THE  [a.  D.  1579. 

2.  That  the  warden  should  be  assisted  with  five  or  six  of 
the  wisest  men  in  the  country,  of  which  number  two  should 
be  of  the  name  of  Johnston  ;  and  lest  their  chief  should 
think  the  warden's  proceedings  against  his  followers  partial, 
and  done  out  of  old  rancour,  that  a  moderate  course  should 
be  kept  in  the  confiscation  of  their  goods,  the  half  being 
allowed  to  the  wives  and  children  of  them  that  should 
happen  to  be  convicted  and  executed,  and  the  other  half 
disponed  to  the  laird  of  Johnston  himself. 

3.  That  the  barons  and  landed  men  within  the  bounds  should 
present  their  tenants  and  servants  as  they  should  be  re- 
quired, and  no  man  be  excused  or  exempted. 

4.  That  the  Lords  Carhsle  and  Herries,  the  lairds  of  Drumlan- 
rig,  Applegarth,  Lagge,  and  Johnston,  should  remain  nigh 
to  the  warden ;  and  when  the  Lord  Maxwell  hath  not  the 
charge,  that  he  be  obliged  to  dwell  in  the  house  of  Langholm  ; 
or  if  he  be  warden  himself,  that  he  maintain  a  captain  therein 
with  twelve  horsemen  to  be  ready  upon  all  occasions. 

5.  That  the  warden  be  allowed  a  guard  of  twenty -four  horse- 
men with  their  captain,  who  shall  be  laid  in  the  town  of 
Annan, 

6.  That  the  king's  houses  of  Lochmaben  and  Annan,  with 
the  watch-tower  called  Repentance,  be  repaired,  a  great 
bell  and  fire-pan  put  into  it,  with  some  honest  man  to 
watch  and  give  warning  to  the  country  where  the  fray  is, 
and  a  husband  land  allowed  him  for  his  service. 

7.  That  the  lands  called  the  debateable  lands  be  visited,  that 
it  may  bo  known  how  much  thereof  is  claimed  by  the  broken 
men  of  the  country  to  be  their  steadings,  and  security  taken 
of  them  for  keeping  good  order. 

8.  That  days  of  truce  be  kept  every  forty  days  once,  or 
within  two  months  at  least,  and  such  as  shall  be  found  to  be 
robbed  of  their  goods  be  redressed  to  the  double,  and  with 
safer,  according  to  the  law  of  marches. 

Lastly,  that  his  majesty  every  year  in  the  month  of  Sep- 
tember send  one  or  two  of  the  council  to  try  the  estate  of 
the  country,  what  duty  the  warden  doth,  and  if  the  barous 
and  landed  men  do  give  their  assistance ;  that  where  any 
defect  is  found  the  same  may  be  punished. 

At  these  articles  the  Lord  Maxwell  took  exception,  espe- 


A.  D.  1579.]  CHURCH  OF  SCOTLAND.  263 

cially  at  the  first  and  second :  for  the  house  of  Lochmaben 
he  said  was  his  own,  as  heritable  steward  of  Annaudale ;  and 
that  any  part  of  the  escheats  should  be  given  to  the  laird  of 
Johnston,  he  held  it  prejudicial  to  the  warden's  ofiice,  and 
said  it  would  be  an  occasion  for  other  barons  to  suit  the  like. 
But  that  which  did  most  displease  him  (though  this  he  dis- 
sembled) was,  that  any  should  be  joined  with  him  as  assisters, 
for  he  would  needs  be  absolute  in  these  parts,  and  have  all  to 
depend  of  him ;  which  ambition  he  still  nourished,  and  there- 
by in  end  wrought  his  own  ruin.  Yet  the  king,  not  wilHng 
to  displace  him  (for  he  understood  his  power  to  be  great  in 
these  marches),  made  offer  to  continue  him  in  the  charge,  and 
to  allow  him  a  company  of  twenty-four  horsemen  with  a  cap- 
tain for  repressing  the  outlaws,  upon  three  conditions.  First, 
that  he  should  take  the  advice  of  the  barons  of  the  country 
in  all  affairs,  and  proceed  in  the  ministering  of  justice  by  their 
counsel.  Next,  that  none  should  be  declared  fugitives  but  by 
their  consents.  And,  thirdly,  that  the  servants  of  landed 
men  should  not  be  apprehended,  till  their  masters  were  first 
charged  to  exhibit  them,  unless  they  were  taken  in  the  fact, 
and,  as  they  speak,  with  the  red  hand.  He  excusing  himself, 
and  professing  a  great  willingness  to  give  his  attendance  to 
any  other  whom  his  majesty  should  appoint,  the  Lord  Her- 
ries  was  chosen  warden,  and  the  custody  of  the  west  marches 
committed  to  him. 

In  the  beginning  of  this  year  (to  wit,  upon  the  twenty- 
fourth  of  April)  the  earl  of  Athole  died  at  Kincardine  of  a 
sickness  contracted  in  Stirling,  where  he  and  some  other 
noblemen  had  been  feasted  by  the  earl  of  Morton  ;  and,  as 
report  speaketh  always  the  worst  of  great  men's  deaths,  so 
the  rumour  at  this  time  went,  that  Morton  had  made  him 
away  by  poison  ;  which  his  lady  and  friends  did  so  strongly 
apprehend,  as  when  the  council  was  examining  the  physi- 
cians that  embalmed  his  corpse,  whether  they  perceived  any 
sign  of  poison  at  his  unbowelling,  they  took  open  protesta- 
tion, that  the  trial  of  the  council  should  not  prejudge  the 
criminal  pursuit  which  they  intended  before  the  justice.  And 
albeit  the  physicians  did,  upon  their  oaths,  declare  that  his 
death  was  not  caused  by  any  extraordinary  mean,  yet  the 
scandal  was  fostered  a  long  time  by  a  sort  of  rhyming  libels, 
which  were  afterwards  tried  to  be  composed  by  one  Turnbull, 


264  THE  HISTORY  OF  THE  [a.  D.  1579. 

a  schoolmaster  at  Edinburgh,  and  another  called  William 
Scot,  who  were  executed  for  the  same  at  Stirling  in  the  end 
of  the  summer. 

A  consultation  was  held  at  the  same  time  in  Stirling  for 
punishing  the  murderers  of  the  two  regents,  which  by  the 
edict  of  pacification  was  delayed  unto  the  king  his  assuming 
of  the  government  in  his  own  person.  Touching  the  form  of 
proceeding,  the  opinions  of  those  that  were  privy  to  the  busi- 
ness were  different :  for  some  thought  that  the  persons  who 
were  suspected  should  be  summoned  to  a  day,  and  form  of 
process  kept  with  them  ;  others  judged  that  there  needed  no 
such  formahty,  seeing  the  authors  were  known,  and  the  sen- 
tence of  forfeiture  pronounced  against  them  stood  unreduced. 
To  use  a  citation,  they  said,  was  to  give  them  warning  to 
flee,  whereas,  otherwise  they  might  be  taken  unprovided,  and 
brought  to  their  censure.  At  last  it  was  agreed  that  a  com- 
mission should  be  given  to  some  noblemen  that  had  power, 
and  affected  the  business,  to  apprehend  them.  This  commis- 
sion was  given  to  the  eai'ls  of  Morton,  Mar,  and  Eglinton, 
and  to  the  lords  of  Ruthven,  Cathcart,  and  Boyd ;  which 
was  not  so  closely  carried,  but  advertisement  went  to  the 
Lord  Hamilton  and  his  brother  Lord  Claud,  so  as  they 
escaped.  The  Lord  Hamilton,  going  on  foot  through  the 
most  part  of  England  in  the  habit  of  a  seaman,  fled  into 
France.  Lord  Claud,  after  he  had  lurked  a  while  amongst 
his  friends  at  home,  found  refuge  in  the  north  parts  of  Eng- 
land. Others  of  their  friendship  who  stood  in  fear  saved 
themselves  where  best  they  could. 

Upon  the  report  of  their  escape,  charges  were  directed  for 
rendering  the  houses  of  Hamilton  and  Draffan,  which  be- 
longed to  the  earl  of  Arran  their  elder  brother,  and  were 
possessed  by  the  Lord  Hamilton  as  administrator  to  his 
brother,  because  of  his  decease.  The  earl  of  Arran  himself 
they  had  kept  in  the  castle  of  Draffan,  attended  by  some  ser- 
vants, and  he  was  known  to  have  no  part  in  any  of  these 
facts  wherewith  they  were  charged,  so  as  by  way  of  justice 
his  estate  could  not  fall  under  forfeiture ;  yet  some  colour  of 
right  behoved  to  be  made  for  bringing  the  same  under  the 
court's  disposing.  Jo  this  effect  it  was  devised,  that  a  com- 
plaint should  be  preferred  in  the  name  of  the  earl  of  Arran 
and  his  majesty's  advocates,  bearing  the  miserable  condition 


A.  D.  1579.]  CHURCH  OF  SCOTLAND.  265 

of  the  said  earl,  and  how  he  was  detained  in  close  prison  by 
his  two  brothers  without  fire,  air,  and  the  company  of  his 
honest  friends  ;  his  living  violently  possessed  by  the  conimen- 
dator  of  Aberbrothock,  his  sheriffship  of  Lanark  usurped, 
himself  denied  the  benefit  of  marriage,  and  debarred  from 
succession  against  all  law :  for  if  he  was  an  idiot  or  furious 
(as  they  gave  out),  he  ought  to  have  had  curators  given  him 
by  the  king  ;  and  if  he  was  mentis  compos,  it  was  an  intoler- 
able wrong  to  use  him  in  that  sort.  Therefore  desired  letters 
to  be  directed  for  his  exhibition  before  the  council,  that  it 
might  be  known  in  what  estate  he  was,  and  an  honourable 
provision  appointed  unto  him,  such  as  befitted  his  birth  and 
condition.  This  desire  being  judged  reasonable,  summons 
were  directed  against  the  two  brothers  that  were  fled,  and 
they  not  appearing  at  the  day  were  denounced  rebels.  But 
this  not  suflicing  to  work  their  ends,  the  disobedience  of  the 
keepers  in  not  rendering  the  strengths,  when  they  were 
charged,  was  made  the  earl's  crime,  and  he  found  to  have 
incurred  the  pain  of  treason ;  an  act  of  the  greatest  injustice 
that  could  be  done.  Not  the  less  upon  this  ground  were  both 
the  castles  at  that  time  demolished,  and  Captain  James  Stewart 
afterwards  preferred  to  the  earldom  of  Arran. 

Whilst  these  things  were  doing,  Monsieur  Nau,  a  French- 
man, secretary  to  the  queen  of  Scots,  came  to  Stirhng  with 
letters  and  some  presents  to  the  king ;  but,  because  in  the 
superscription  of  the  letters  he  was  only  entitled  prince  of 
Scotland,  the  messenger  was  denied  access,  and  neither  his 
letters  nor  presents  received.  The  rest  of  this  summer  was 
spent  for  the  most  part  in  summoning  the  gentlemen  of  the 
name  of  Hamilton,  and  putting  them  under  surety,  that  they 
should  not  give  supply  to  the  fugitives,  and  be  always  ready 
to  answer  before  the  council  when  they  should  be  called. 
Dame  Margaret  Lion,  countess  of  Cassils,  who  not  long  be- 
fore had  married  the  commendator  of  Aberbrothock,  was 
suffered  to  possess  the  jointure  she  had  by  her  first  husband 
upon  the  hke  condition.  And  because  many  were  put  in  fear 
by  this  proceeding,  that  the  pacification  of  Perth  should  be 
altogether  annulled,  his  majesty  made  a  public  declaration, 
"  That  what  was  done  in  the  present  pursuit,  was  only  for 
punishing  the  murder  of  his  father  and  regents  (unto  which 
both  in  honour  and  conscience  he  was  tied),  and  that  no 


266  THE  HISTORY  OF  THE  [a.  D.   1579. 

article  of  the  pacification  should  be  infringed  or  called  in 
question. 

In  the  beginning  of  July  the  earl  of  Athole's  funerals  were 
performed  with  great  solemnity,  and  his  body  interred  in  the 
church  of  St  Giles  at  Edinburgh  ;  after  which  Colin,  earl  of 
Argyle,  was  created  chancellor  in  his  place.  The  king  then 
resolving  to  show  himself  to  his  people,  and  to  fall  into  the 
exercise  of  his  princely  authority,  caused  proclaim  a  parlia- 
ment to  be  kept  at  Edinburgh  the  twentieth  of  October. 

Whilst  things  were  preparing  for  his  remove,  the  Lord 
D' Aubigny  arrived  from  France  of  purpose  to  visit  the  king, 
as  being  nigh  of  blood,  and  cousin-german  to  his  father.  The 
king  receiving  him  kindly,  after  a  few  days'  entertainment  at 
Stirhng  took  him  in  company  to  Edinburgh,  when  he  grew 
into  such  favour  by  his  courteous  aud  modest  behaviour,  as 
the  king  would  not  permit  him  to  return  unto  France  ;  and 
moving  his  grand-uncle  to  resign  in  his  favours  the  earldom 
of  Lennox,  he  gave  to  him  in  recompense,  the  title  of  the 
earldom  of  March.  Soon  after  the  abbacy  of  Aberbrothock, 
which  was  fallen  by  Lord  John  Hamilton's  forfeiture,  was 
bestowed  on  him,  and  he  preferred  to  be  one  of  the  privy- 
council. 

This  sudden  and  unexpected  preferment  got  him  much 
hatred,  and  being  of  the  Roman  profession,  his  enemies  filled 
the  country  with  rumours  that  he  was  sent  from  France  only 
to  pervert  the  king  in  his  religion.  Not  the  less  in  the  par- 
liament, which  held  at  the  time  appointed,  divers  good  acts 
were  made  in  favour  of  the  Church;  but  the  matter  of  juris- 
diction, which  the  ministers  did  chiefly  urge,  was  put  off  to  a 
new  commission.  Some  months  before,  the  king  had  required 
them,  by  a  letter  directed  with  John  Duncanson  his  minister, 
to  abstain  from  making  any  novation  in  the  church-policy, 
and  to  suffer  things  to  continue  in  the  state  wherein  they 
were  unto  the  parliament  approaching,  without  prejudging 
the  decision  of  the  Estates  by  their  conclusions.  But  they, 
neglecting  the  lettei',  went  to  examine  the  conference  kept  at 
Stirhng  the  year  preceding ;  and  whereas  in  that  conference 
divers  heads  were  remitted  to  a  farther  consultation,  they 
ordained  nothing  to  be  altered  either  in  form  or  matter  of 
that  which  amongst  themselves  was  concluded.  They  farther 
called  the  archbishop  of  St  Andrews  in  question  for  granting 


A.  D.  1580.]  CHURCH  OF  SCOTLAND.  267 

collations  upon  some  benefices,  and  for  giving  voice  in  parlia- 
ment, not  being  authorized  thereto  by  the  Church.  This  did 
so  displease  the  king,  as  from  that  time  forth  he  did  not 
countenance  the  ministers  as  m  former  times,  and  upon  the 
complaint  of  persons  who  otherwise  deserved  not  much  re- 
gard (that  the  Church  might  find  in  what  need  they  stood  of 
his  favour),  he  suifered  divers  sentences  to  pass  in  council, 
suspending  their  censures  and  excommunications. 

This  dissension  betwixt  the  king  and  the  Church  brought 
with  it  many  evils ;  for,  upon  the  notice  of  it,  divers  Jesuits 
and  priests  did  resort  into  the  country,  and  at  home  such  as 
were  popishly  affected  began  openly  to  avow  their  profession. 
In  St  Andrews,  Mr  Nicholl  Burn,  professor  of  philosophy  in 
St  Leonard's  College,  made  open  apostasy  from  the  truth ; 
as  Mr  Archibald  and  John  Hamilton,  regents  in  the  new 
college,  had  (not  long  before)  done.  In  Dumfries,  Mr 
Ninian  Dalyell,  schoolmaster,  did  read  to  his  scholars  the 
Roman  catechism  ;  and  in  Paisley  a  number  of  papists  assem- 
bhng  together,  did  in  derision  sing  a  soul-mass  for  the  minis- 
ters, as  if  they  and  their  religion  had  been  utterly  gone. 
These  things  being  complained  of,  and  not  much  hearkened 
to,  the  ministers  in  their  sermons  fell  to  regret  the  counte- 
nance given  to  papists  in  the  court,  and  the  dangers  wherein 
both  the  king  and  country  were  brought  by  the  secret  prac- 
tices of  the  French. 

The  king,  to  stay  these  declaimings,  which  he  knew  to  be 
made  against  the  earl  of  Lennox,  called  the  ministers  to 
Edinburgh,  and  showed  them  what  travail  he  had  taken  to 
convert  his  cousin,  and  how  he  had  obtained  his  consent  for 
taking  a  minister  in  his  house,  which  would  be  to  good  pur- 
pose, and  serve  both  to  debar  Jesuits  from  access  to  the  noble- 
man, and  win  him  by  conference  to  a  greater  liking  of  the 
truth,  desiring  therefore  that  one  of  their  number  might  be 
appointed  for  some  short  space  to  attend  him.  Mr  David 
Lindsay,  then  minister  at  Leith,  being  held  the  fittest,  as 
well  for  his  skill  in  the  French  tongue  as  for  his  moderation 
otherwise,  was  with  the  king's  approbation  nominated  to  this 
service ;  by  whose  labours  the  nobleman  was  brought  in  a 
short  space  to  join  himself  to  the  Church,  and  openly  in  St 
Giles  to  renounce  the  errors  wherein  he  had  been  educated. 
Yet  did  not  this  remove  the  jealousies  of  the  people,  which 


268  THE  HISTORY  OF  THE  [a.  D.  1580. 

were  increased  by  the  intercepting  of  certain  dispensations 
sent  from  Rome ;  whereby  the  cathohcs  were  permitted  to 
promise,  swear,  subscribe,  and  do  what  else  should  be  re- 
quired of  them,  so  as  in  mind  they  continued  firm,  and  did 
use  their  diligence  to  advance  in  secret  the  Roman  faith. 

These  dispensations  being  showed  to  the  king,  he  caused 
his  minister  Mr  John  Craig  form  a  short  confession  of  faith, 
wherein  all  the  corruptions  of  Rome,  as  well  in  doctrine  as 
outward  rites,  were  particularly  abjured,  and  a  clause  inserted 
(because  of  these  dispensations)  by  which  the  subscribers  did 
call  God  to  witness,  that  in  their  minds  and  hearts  they  did 
fully  agree  to  the  said  confession,  and  did  not  feign  or  dis- 
semble in  any  sort.  This  confession  the  king,  for  an  example 
to  others,  did  publicly  swear  and  subscribe ;  the  hke  was 
done  by  the  whole  council  and  court ;  and  observers  appointed 
to  take  notice  of  those  that  did  not  resort  to  sermon,  or  be- 
haved themselves  in  any  sort  scandalously.  So  careful  was 
the  king  to  have  the  Church  satisfied,  and  the  rumours  of  the 
court's  defection  from  religion  repressed. 

After  this  all  things  continued  quiet  for  a  while,  till  by  a 
bruit  suddenly  raised,  none  knew  by  whom,  the  earl  of  Mor- 
ton was  taxed  for  keeping  secret  intelligence  with  the  queen 
of  England,  and  a  purpose  he  had  to  put  the  king  in  her 
hands.  Morton  complaineth  of  this  in  council,  and  desireth 
a  trial ;  but  the  king,  not  willing  to  make  business  for  a  tale 
whereof  the  author  would  hardly  be  found,  put  it  off,  saying 
that  he  knew  it  to  be  a  lie,  and  a  malicious  invention  of  ene- 
mies, and  thereupon  sent  forth  a  proclamation  against  lies 
and  carriers  of  tales,  tending  to  breed  discord  betwixt  him 
and  his  nobility.  Yet,  as  if  some  such  thing  had  been  feared, 
a  motion  was  made  some  days  after  in  council  for  guarding 
the  king's  person,  and  electing  of  a  high  chamberlain  (which 
office  none  had  borne  for  many  years  in  this  kingdom),  who 
should  have  twenty-four  to  attend  him,  all  of  them  the  sons 
of  barons  or  noblemen,  and  be  ever  at  hand  to  accompany  the 
king  whithersoever  he  went. 

The  motion  was  applauded  of  all,  and  after  some  ten  days' 
deliberation  the  earl  of  Lennox  preferred  to  the  place.  Alex- 
ander Erskine,  captain  of  the  castle  of  Edinburgh,  was  chosen 
to  be  his  deputy,  and  a  roll  made  of  the  gentlemen  that  should 
give  attendance.    These  were  the  masters  of  Marshal,  Rothes, 


A.  D.  1580.]  CHURCH  OF  SCOTLAND.  269 

Cassils,  Lindsay,  Livingstone,  Elphingston,  Hemes,  and 
Ogiivy,  the  lairds  of  Cowdenknows,  Bargenny,  Bomby,  Kil- 
syth, Minto,  Strathurd  and  MoucrieiF,  Mr  Mark  Ker  of  Pres- 
ton Grange,  George  Douglas  of  Rungavy,  Captain  James 
Stewart  son  to  the  Lord  Ochiltrie,  Alexander  Ruthven  the 
commendator  of  Inchaffray,  the  prior  of  Coldingham,  Alex- 
ander Home  of  North  Berwick,  and  James  Chisholme.  As 
extraordinaries,  the  Lord  Maxwell,  the  lairds  of  Cessford, 
Alexander  Home  of  Manderston,  and  WilUam  Stewart  of 
Caverston,  were  added  to  the  number.  All  these  took  the 
oath  of  fidelity  to  the  king,  and  obedience  to  his  chamberlain, 
in  the  things  they  should  be  directed  for  his  majesty's  service. 

The  earl  of  Morton,  albeit  he  was  much  displeased  with 
these  courses,  did  carry  a  fair  countenance,  and  conceahng 
his  discontents  waited  still  on  the  king,  and  was  assisting  in 
council  and  public  meetings.  Once  he  minded  to  have  with- 
drawn himself  from  court,  and  to  have  lived  privately  ;  but 
was  detained  by  a  dissension  that  fell  out  in  the  time  betwixt 
the  Lord  Ruthven  and  master  of  Oliphant,  who  had  married 
a  daughter  of  Lochleven  ;  whom  whilst  he  laboured  to  pro- 
tect, he  drew  upon  himself  the  hatred  of  the  Lord  Ruthven, 
and  thereby  was  laid  more  open  to  the  malice  of  his  enemies. 
Sir  Robert  Bowes  being  sent  at  the  same  time  ambassador 
from  England,  to  charge  the  earl  of  Lennox  with  some  prac- 
tices against  the  peace  of  the  two  realms,  the  blame  as  well 
of  his  employment  as  his  sudden  departing  was  laid  upon 
him :  for  the  ambassador's  commission  and  instructions  being 
questioned,  and  he  desired  to  exhibit  the  same  before  the 
council,  he  refused  to  show  them  but  to  the  king  himself; 
which  not  being  admitted,  he  went  away  complaining  that 
the  queen  had  deserved  better  than  thus  to  have  her  ambas- 
sage  misregarded. 

His  sudden  departure  amazed  the  court  not  a  little,  where- 
fore to  excuse  the  king,  and  try  what  the  accusations  were 
wherewith  Lemiox  should  have  been  charged,  Alexander 
Home  of  North  Berwick  was  sent  in  commission  to  England: 
but  the  queen  denying  him  access,  he  was  remitted  to  the 
lord  treasurer,  who  courteously  told  him,  "  That  the  queen 
had  refused  him  presence,  not  for  any  dislike  she  had  of  him- 
self, whom  she  knew  to  be  sound  in  religion,  and  one  that 
loved  his  king  and  his  country ;  but  because  the  king  had 


270  THE  HISTORY  OF  THE  [a.  D.   1580. 

not  used  her  well,  calling  in  question  the  credit  of  her  ambas- 
sador, and  requiring  him  to  show  his  instructions,  which  was 
strange,  he  keeping  himself  within  the  bounds  of  his  commis- 
sion. But  your  king,"  saith  he,  "  is  young,  and  misled  by 
new  counsellors,  whose  fault  the  queen  knoweth  it  to  be  ;  I 
should  therefore  advise  your  king  to  hearken  to  her  majesty's 
counsel,  who  carrieth  to  him  a  true  motherly  affection,  and 
make  more  account  of  her  than  of  his  French  cousin,  who  is 
subject  to  the  French  king,  matched  with  a  French  woman, 
addicted  wholly  to  that  faction,  and,  what  profession  soever 
he  maketh,  a  papist  in  rehgiou.  The  Hamiltons,"  saith  he, 
"  being  now  exiled,  he  hopetli  to  be  designed  successor  and 
heir  to  the  crown ;  but  let  your  king  know  that  ambition 
hath  no  limits,  and  that  the  troubles  which  the  French  made 
in  Scotland  are  not  yet  forgotten,  which  would  have  perilled 
the  liberty  of  that  kingdom,  if  the  queen  by  her  prudence 
and  power  had  not  prevented  the  same." 

The  gentleman  professing  his  thankfulness  for  her  majesty's 
good  opinion  of  him,  answered,  "  That  if  he  should  be  per- 
mitted to  speak  with  the  queen,  he  would  satisfy  her  majesty 
in  that  point  which  concerned  her  ambassador.  And  for  the 
king  his  master,  albeit  he  was  young  and  of  few  years,  yet 
God  had  given  him  great  wisdom  and  understanding ;  and 
that  he  would  never  willingly  do  the  thing  that  might  dis- 
please the  queen,  nor  hearken  to  any  that  should  otherwise 
advise  him,  for  he  knew  her  majesty's  good  affection,  and 
would  not  forget  the  care  she  had  of  him  in  his  tender  age. 
That  he  could  not  be  justly  blamed  for  favouring  his  cousin  ; 
but  as  the  noblemen  (he  believed)  would  never  advise  the 
king  his  master  to  any  thing  that  might  prejudice  the  amity 
with  England,  so  he  was  persuaded  that  his  credit  did  not 
extend  so  far  as  to  make  any  pubUc  breach  with  the  queen." 
"  But  there  are  more  dangerous  plots  in  hand,"  saith  the 
treasurer,  "  than  your  king  is  wary  of,  and  it  is  no  wisdom 
to  put  too  much  confidence  in  any  one  person.  Always  time 
will  discover  the  truth  of  every  thing ;  at  the  present  you 
must  have  patience,  for  the  queen  will  not  see  you."  Thus 
was  he  dimitted. 

Upon  his  return,  and  report  of  the  conference  he  had  with 
the  treasurer,  the  king  was  easily  made  to  beheve  that  all 
proceeded  from  the  earl  of  Morton  and  his  intelhgence  in  the 


A.  D.  1580.]  CHURCH  OF  SCOTLAND.  271 

court  of  England,  which  by  one  way  or  other  was  held  need- 
ful to  be  stopped.  After  some  consultation  taken  about  this, 
it  was  resolved  to  charge  hira  with  the  murder  of  the  king's 
father ;  for  a  rumour  had  gone  in  former  times  that  he  was 
conscious  and  privy  unto  it.  Captain  James  Stewart  (a  man 
eager  to  win  credit  by  what  means  soever)  takes  the  matter 
in  hand,  and  coming  one  day  as  the  king  was  sitting  in  council 
at  Halyrudhouse,  desired  to  be  heard.  Being  admitted, 
he  fell  upon  his  knees,  and  directing  his  speech  to  the  king, 
he  said,  "  Out  of  the  duty  I  owe  to  your  majesty,  I  am  come 
hither  to  reveal  a  wickedness  that  hath  been  long  obscured. 
The  earl  of  Morton,  who  sitteth  there  in  a  place  unseemly 
for  him,  was  one  of  those  that  conspired  your  father's  death  ; 
and  how  dangerous  it  is  to  your  majesty's  person  that  he 
should  be  so  near  unto  you,  let  the  noblemen  here  present 
consider.  For  me,  I  shall  make  good  what  I  speak,  only 
let  him  be  committed  and  put  to  trial." 

The  earl  rising  up  with  a  disdainful  smile,  answered,  "  By 
whose  instigation  this  gentleman  cometh  to  accuse  me  I  know 
not,  and  I  wonder  what  grounds  he  buildeth  upon  in  charging 
me  with  this  crime ;  for  none  that  ever  suffered  for  it  did 
touch  me  therewith,  and  it  is  known  what  dihgence  and  se- 
verity I  used  against  those  that  were  suspected  of  that  mur- 
der. If  I  pleased  I  could  many  ways  decline  this  challenge, 
but  my  innocency  is  such  as  I  fear  not  the  most  I'igorous 
trial.  Sir  (with  this  he  turned  himself  to  the  king  and  said), 
do  in  it  as  you  please  ;  either  here  or  before  any  other  judge 
I  shall  be  ready  to  answer,  and  when  my  innocency  is  cleared, 
your  majesty  will  think  what  the  malice  of  those  that  have 
set  on  this  man  to  accuse  me  deserveth." 

Captain  James,  sitting  all  this  time  on  his  knees,  rephed, 
"  That  by  no  man's  instigation,  nor  out  of  any  private  grudge 
of  his  own,  did  he  intend  this  accusation,  but  his  detestation 
of  the  fact,  and  the  love  of  his  majesty's  safety  and  honour, 
had  only  incited  him  thereto.  For  that  he  speaks  of  his 
dihgence  and  severity,  let  me  but  ask  him,"  said  he,  "  how 
and  why  he  did  prefer  Mr  Archibald  Douglas,  his  cousin,  to 
the  place  of  a  senator  in  the  college  of  justice,  who  was  known 
to  have  been  an  actor  in  that  murder,  if  he  himself  had  no 
part  in  it."     As  the  earl  was  about  to  answer,  the  king  com- 


272  THE  HISTORY  OF  THE  [a.  D.  1580. 

manded  the  captain  to  go  forth,  and  the  earl  heing  likewise 
removed,  after  a  short  deliberation  taken  with  the  council  he 
was  committed  in  a  chamber  of  the  palace,  where  he  abode 
two  nights.  The  third  day  he  was  conveyed  to  the  castle 
with  a  company  of  his  own  friends,  who  did  earnestly  move 
him  to  make  an  escape.  But  he  chiding  them  with  great 
bitterness  said,  "  That  he  had  rather  die  ten  thousand  deaths 
than  betray  his  innocency  in  declining  trial."  After  a  few 
days  he  was  removed  to  Dumbarton  castle,  that  he  might  be 
farther  off  from  liis  friends,  and  kept  from  all  intelligence 
with  them.  The  king  had  sent  privily  to  apprehend  Mr 
Archibald  Douglas,  who  dwelt  then  at  Morham  ;  but  he, 
having  notice  of  the  earl's  committing,  fled  into  England. 

In  the  July  preceding,  the  Assembly  of  the  Church  had 
convened  at  Dundee,  where  it  was  concluded,  that  the  office 
of  a  bishop,  as  it  was  then  used  and  commonly  taken  within 
the  realm,  had  neither  foundation,  ground,  nor  warrant  in  the 
book  of  God :  and  thereupon  an  ordinance  was  made,  that 
all  persons  either  called  to  the  said  office,  or  that  should  be 
called  thereto  at  any  time  thereafter,  should  be  charged  to 
dimit  and  forsake  the  same,  as  an  office  whereunto  they  are 
not  called  by  God ;  as  also  to  desist  and  cease  from  preaching, 
ministering  the  sacraments,  or  using  in  any  sort  the  office  of 
a  pastor,  till  they  should  be  admitted  of  new  by  the  General 
Assembly,  under  the  pain  of  excommunication.  In  the  end 
of  the  act  it  was  directed,  that  concerning  the  patrimony  of 
the  Church  possessed  by  the  bishops,  the  next  Assembly 
should  reason  and  advise  upon  the  disponing  thereof. 

Whether  the  folly  or  iniquity  of  this  ordinance  was  greater, 
it  can  hardly  be  said  ;  for  granting  that  the  office  of  a  bishop 
had  been  as  they  judged  unlawful,  there  was  no  reason  to 
discharge  them  of  using  the  ministerial  office  till  they  should 
be  received  of  new.  And  what  a  foolish  thing  was  it  to 
think  that  the  prince  and  Estates  would  permit  the  rents  of 
the  bishops  to  be  disponed  at  their  appetites  !  They  saw 
what  was  done  with  the  other  prelacies,  and  how  the  abbots 
and  priors  were  no  sooner  declared  to  be  no  office-bearers  in 
the  Church,  but  presently  they  turned  temporal  lords,  and 
carried  the  rents  with  them  quite  away  from  the  Church. 
And  could  they  look  for  other  dealing  with  the  bishoprics  ? 


A.  P.   1580.]  CIIUUOII  OF  SCOTLAND.  273 

Sure  it  wa,s,  if  the  titulars  themselves  did  not  find  the  credit 
to  enjoy  them,  that  others  of  the  laity  would  have  invaded 
the  same,  as  afterwards  also  they  did. 

But  to  pass  this,  the  carl  of  Lennox  desiring  by  all  means 
to  win  the  favour  of  the  Church,  sent  to  this  Assembly  Sir 
William  Stewart,  a  brother  of  Traquair,  with  a  letter  to  this 
effect :  "  That  it  was  not  unknown  to  them,  how  it  had  pleased 
God  to  bring  him  since  his  coming  into  the  country  to  the 
knowledge  of  the  truth,  which  he  esteemed  more  than  all 
worldly  happiness,  and  that  he  had  made  open  profession 
thereof,  first  in  St  Giles's  Church  at  Edinburgh,  and  after- 
wards subscribed  the  Confession  of  Faith  at  Stirling,  and  was 
yet,  if  any  farther  was  thought  needful,  ready  to  perform 
whatsoever  should  be  required  ;  assuring  them  of  his  best 
service  in  all  things  tending  to  God  his  glory,  and  to  the 
good  of  the  Church,  requesting,  together  Avith  the  assistance 
of  their  prayers,  that  he  might  continue  in  their  good  favour." 
But  all  this  could  not  remove  their  suspicions  of  his  counter- 
feiting ;  still  he  was  taxed  in  pubhc  sermons,  and  made  odious 
to  the  people.  Neither  was  it  long  after  this  Assembly  dis- 
solved, that  John  Dury,  one  of  the  ministers  of  Edinburgh, 
was  called  before  the  council,  and  committed  in  the  castle  for 
certain  speeches  of  that  kind  uttered  by  him  in  pulpit ;  but 
upon  the  supplication  of  his  fellow  ministers,  and  promise  of 
forbearing,  he  was  after  a  short  stay  in  the  castle  licensed  to 
return  to  his  charge. 

]n  October  following,  Mr  John  Eow,  minister  of  Perth, 
departed  this  life,  who  for  his  piety  and  singular  moderation 
deserveth  here  to  be  mentioned.  In  his  younger  years  having 
applied  his  mind  to  letters,  and  taking  the  degree  of  a  master 
in  arts,  he  became  a  pleader  in  the  consistory  of  St  Andrews 
(a  judicatory  then  much  frequented),  and  grew  to  be  so 
skilled  in  the  canon  law,  a;S  he  was  chosen  to  negotiate  the 
affairs  of  the  Church  in  the  court  of  Rome.  Julius  the  Third 
cUd  then  govern  that  see,  of  whom  he  was  well  accepted,  and 
in  possibility  to  have  attained  unto  some  preferment  if  he 
would  have  stayed  there ;  for  he  gained  the  favour  of  all  to 
whom  he  was  knoAvn,  and  was  in  special  grace  with  Guide 
Ascanius  Sfortia,  cardinal  of  Sancta  Flora,  who  made  such 
account  of  his  skill  and  knowledge  in  the  laws,  that  he  would 
have  him  pass  doctor  in  the  university  whereof  he  was  chan- 

VOL.  II.  18 


274  THE  HISTORY  OF  THE  [a.  D.   1580. 

cellor.  After  some  eiglit  or  nine  years'  abode  in  those  parts, 
coming  home  to  visit  his  country,  and  giving  account  of  the 
affairs  wherewith  he  had  been  trusted,  he  found  the  state  of 
the  Church  quite  overturned,  and  the  country  all  in  tumult 
by  the  Reformation  which  was  then  in  hands.  Thereupon 
doubting  what  course  to  take,  and  minding  to  return  to  Rome, 
he  was  dissuaded  by  the  prior  of  St  Andrews,  who  held  him 
in  good  esteem,  and  afterwards  induced  by  the  persuasion  of 
John  Knox  to  betake  himself  to  the  ministry,  which  he  ex- 
ercised a  certain  space  at  Kennoway  in  Fife,  till  by  the 
General  Assem.bly  he  was  translated  to  the  town  of  Perth. 
There  he  continued  unto  his  death,  which  happened  in  the 
year  of  our  Lord  1580,  and  of  his  age  the  fifty -fourth.  A 
man  whilst  he  lived  well  respected,  and  much  lamented  at 
his  death  by  the  people  whom  he  served. 

In  January  next  Sir  Thomas  Randolph  came  ambassador 
from  England.  His  errand  was  to  intercede  with  the  king 
for  the  earl  of  Morton  his  liberty  ;  to  which  purpose,  having 
called  to  mind  the  services  done  by  the  nobleman  in  his 
majesty's  minority,  and  chiefly  the  dihgence  he  had  used 
in  finding  out  and  punishing  the  murderers  of  his  father, 
which  by  the  malice  of  his  adversaries  was  now  laid  to  his 
charge,  he  requested  in  the  name  of  the  queen  his  mistress, 
that  the  nobleman  might  be  released  from  his  ward,  declaring 
that  her  majesty  would  esteem  it  a  singular  kindness  done 
unto  her,  and  otherwise  would  take  it  ill  to  be  denied  in  so 
just  and  reasonable  a  matter.  The  king,  after  he  had  heard 
him  patiently,  made  answer,  "  That  the  many  good  offices  he 
had  received  from  his  sister  the  queen  did  tie  him  to  a 
thankful  requital,  but  in  that  particular  which  touched  him 
so  nigh  (the  trial  of  his  father's  murder),  he  knew  she  would 
excuse  him ;  always,  because  of  her  intercession,  he  would  be 
the  more  careful  to  have  the  trial  rightly  carried,  and  as  hb- 
erty  had  been  given  to  his  adversaries  to  accuse,  so  the  like 
and  greater  should  be  allowed  him  for  his  defence." 

The  assembly  of  the  Estates  being  called  at  the  same  time, 
and  the  ambassador  pretending  that  his  instructions  concerned 
them  in  a  part,  did  in  the  hearing  of  them  all  charge  the 
earl  of  Lennox  as  one  that  had  travailed  to  divert  the  king's 
mind  from  keeping  friendship  with  England,  and  done  be- 
sides many  ill  offices  since  his  coming  to  Scotland,  both  to  the 


A.  D.  1580.]  CHURCH  OF  SCOTLAND.  275 

king  and  kingdom.  "  For  lie  hath  put,"  said  he,  "  the 
king's  most  faithful  subjects  and  servants  from  theu"  places, 
brought  in  others  nothing  so  trusty,  stirred  up  the  king 
against  the  ministers  of  God's  word,  making  no  other  account 
of  them  than  as  of  seditious  railers  and  turbulent  persons ; 
he  hath  loosed  the  borders,"  said  he,  *•'  and  made  justice 
there  to  cease,  and  hath  practised  with  foreign  princes  for 
the  invading  of  England ;"  which  he  offered  to  manifest  by 
letters  intercepted  and  brought  to  the  queen  his  mistress. 
"  But  this  beyond  all  measure  doth  grieve  her,  that  a  prince 
of  such  hopes,  joined  in  such  nearness  of  blood,  and  for  whom 
she  had  taken  so  great  care,  should  be  thus  misled  and 
abused  by  wicked  devices.  If  such  a  person  ought  to  be 
tolerated  to  possess  the  king,  him  alone,  and  rule  all  things 
at  liis  pleasure,  your  honours  may  judge."  This  discourse 
moved  few  or  none,  the  wiser  sort  esteeming  the  letters  he 
produced  counterfeit,  as  afterwards  also  was  known. 

This  com'se  not  prevailing,  he  dealt  privately  with  the 
friends  of  Morton,  and  those  that  he  knew  envied  Lennox 
liis  credit,  to  take  arms,  and  procure  both  Morton's  liberty 
and  the  banishment  of  the  earl  of  Lennox ;  assuring  them  of 
aid  both  of  men  and  moneys  from  the  queen  of  England ; 
and  by  his  persuasions  brought  the  earls  of  Argyle,  Montrose, 
Angus,  ]Mar,  and  Glencarne  to  enter  into  a  confederation 
for  performance  both  of  the  one  and  other.  But  this  com- 
bination held  not  long,  being  quickly  discovered  and  broken. 
Of  all  the  number  Angus  and  Mar  only  stood  firm,  resolving 
to  hazard  all  rather  than  Morton  should  perish. 

The  queen  of  England,  to  make  good  her  ambassador's 
promise,  sent  down  at  the  same  time  certain  forces  to  the 
borders ;  which  troubled  the  court  a  Httle,  but  was  to  no 
purpose,  only  it  gave  occasion  to  hasten  Morton's  trial  and 
execution.  The  king,  not  to  be  taken  unprepared  if  invasion 
should  be  made  by  England,  sent  forth  proclamations,  com- 
manding all  the  subjects  to  be  in  readiness  for  resisting  such 
attempts ;  and  withal  levied  some  companies  of  horse  and 
foot  to  guard  his  person  against  any  sudden  assault.  Next, 
a  course  was  taken  for  confining  those  of  Morton's  friendship 
in  some  remote  parts  of  the  realm,  and  the  earl  of  Angus 
charged  to  keep  ward  beyond  the  river  of  Spey,  the  laird  of 
Lochleven  being  benorth  the  water  of  Cromarty.     The  lairds 


276  THE  HISTORY   OF  THE  [a.  D.   1581. 

of  Mains  and  Carmichael,  with  Morton's  two  natural  sons, 
James  and  Archibald,  were  cited  to  appear  before  the  coun- 
cil. The  laird  of  Johnston  was  discharged  of  his  wardenry 
in  the  west  marches,  and  the  Lord  Maxwell  put  in  his  place. 
Angus,  for  not  entering  within  the  time  prefixed,  was  de- 
nounced rebel,  and  prohibitions  made  to  reset  or  supply  him 
in  any  sort  under  pain  of  treason.  Mains,  Carmichael,  and 
Morton's  two  sons  not  appearing  before  the  council,  were 
likewise  proclaimed  rebels. 

This  rigorous  proceeding,  and  a  fear  the  ambassador  took 
that  his  practices  were  discovered,  made  him  to  depart 
secretly  to  Berwick.  Sir  John  Seaton,  master  of  the  horse, 
was  thereupon  directed  to  complain  both  of  his  deahngs  and 
of  the  forces  sent  unto  the  borders  in  a  time  of  peace ;  but  he 
was  stayed  at  Berwick,  and  not  suffered  to  go  any  farther. 
Then  order  was  taken  for  bringing  Morton  to  his  trial,  and 
commission  given  to  the  earl  of  Montrose  and  Captain  James, 
who  was  then  first  styled  earl  of  Arran,  to  make  his  convoy 
to  Edinburgh.  When  the  commission  was  showed  to  the 
earl  of  Morton,  and  that  he  found  named  in  it  James  earl  of 
Arran,  he  wondered  what  man  he  was,  for  he  knew  the  earl 
of  Arran  to  be  deceased,  and  had  not  heard  that  Captain 
James  did  assume  that  title.  Thereupon,  asking  the  keeper 
of  the  castle  who  was  earl  of  Arran,  when  it  was  answered 
that  Captain  James  Avas  the  man,  after  a  short  pause  he  said, 
"  And  is  it  so?  I  know  then  what  I  may  look  for ;"  mean- 
ing, as  was  thought,  that  the  old  prophecy  of  the  falling  of 
the  heart  by  the  mouth  of  Arran  should  then  be  fulfilled. 
Whether  this  was  his  mind  or  not,  it  is  not  known  ;  but  some 
spared  not  at  the  time  when  the  Hamiltons  were  banished,  in 
which  business  he  was  held  too  earnest,  to  say,  that  he  stood 
in  fear  of  that  prediction,  and  went  that  course  only  to  dis- 
appoint it.  But  if  so  it  was,  he  did  find  himself  now  deluded, 
for  he  fell  by  the  mouth  of  another  Arran  than  he  imagined. 
Howsoever  it  was,  this  is  sure,  that  the  news  did  at  first 
.  perplex  his  mind  not  a  little,  and  that,  after  this  time,  he 
gave  over  all  hope  of  life. 

Being  brought  to  Edinburgh,  his  process  was  made  the 
first  of  June.  The  indictment  charged  him  with  conspiring 
and  concealing  the  murder  of  King  Henry,  and  of  being  art 
and  part  (as  the  phrase  is)  in  committing  the  same.     He 


A.  D.  1581  ]  CHURCH  OF  SCOTLAND,  277 

denied  all,  and  pleaded  not  guilty.  The  jurors  being  called, 
he  excepted  against  Argyle,  the  Lord  Seaton,  and  the  laird 
of  Waughton ;  yet  they  were  all  received  upon  their  purga- 
tion, that  they  had  not  given  any  counsel  to  his  hurt  or  pre- 
judice. This  done,  and  they  all  sworn  according  to  the 
custom,  they  went  apart,  and  after  they  had  consulted  a  while, 
returning  into  the  court,  the  earl  of  Montrose,  chancellor  of 
the  assize,  declared  him  convict  of  counsel,  concealing,  and 
being  art  and  part  in  the  king's  murder.  At  these  last  words 
he  showed  himself  much  grieved,  and  beating  the  ground 
once  or  twice  with  a  little  staff  he  carried  in  his  hand,  said, 
"Art  and  part,  art  and  part!  God  knoweth  the  contrary." 
When  doom  was  given  that  he  should  be  taken  to  the  place 
of  execution,  hanged  on  the  gibbet,  have  his  head  cut  off,  his 
body  quartered  and  affixed  in  the  most  pubhc  places,  ho 
uttered  not  a  word,  nor  did  ho  seem  to  be  moved  therewith  ; 
and  because  it  was  drawing  towards  night,  he  was  conveyed 
back  to  the  lodging  wherein  he  was  kept. 

In  the  morning  Mr  James  Lawson  with  two  or  three  other 
ministers  did  visit  him.  They  asking  how  he  had  rested 
that  night,  he  answered,  that  of  a  long  time  he  had  not  slept 
more  soundly  :  "  Now  I  am,"  saith  he,  "  at  an  end  of  my 
troubles ;  some  nights  before  my  trial  I  was  thinking  what 
to  answer  for  myself,  and  that  kept  me  from  sleep,  but  this 
night  I  had  no  such  thoughts,"  Then  falling  to  speak  of 
his  present  case  and  the  sentence  pronounced  against  him, 
they  said  that  he  should  do  well  to  unburthen  his  mind,  and 
declare  what  his  part  was  in  the  king's  murder.  He  answered 
with  a  great  attestation  that  he  never  gave  consent  to  that 
wicked  fact.  "  The  Earl  Bothwell,"  said  he,  "  upon  my  re- 
turn from  England  (where  I  remained  a  while,  because  of 
Seigneur  Davie's  slaughter),  came  to  me  in  Whittingham, 
and  after  a  long  discourse  brake  the  matter  unto  me,  saying 
that  the  queen  would  have  the  king  taken  away,  for  that  she 
blamed  him  more  of  Davie's  murder  than  all  the  actors ;  and 
asked  what  would  my  part  be  therein.  I  made  him  this 
answer,  that  being  newly  relieved  of  a  great  trouble,  I  would 
not  willingly  enter  into  another,  and  that  I  would  have  no 
meddling  in  that  business.  He,  not  satisfied  with  my  answer, 
insisted  to  have  me  consent,  saying,  the  queen  would  have  it 
done.     If  so  be,  said  I,  bring  me  the  queen's  handwriting, 


278  THE  HISTORY  OF  THE  [a.  D.  1581. 

that  I  may  know  that  it  is  her  mind.  This  he  never  did ; 
and  if  he  had  brought  it,  I  was  fully  resolved  to  have  turned 
my  back  upon  Scotland,  and  banished  myself,  till  I  saw 
better  times."  Next,  they  inquired  whether  Mr  Archibald 
Douglas  had  any  dealing  with  him  in  that  purpose.  Where- 
unto  he  answered,  that  Mr  Archibald  (being  at  that  time  a 
depender  upon  Bothwell)  did  bring  him  (he  being  then  at 
St  Andrews)  a  letter  from  Bothwell,  containing  credit,  and 
that  he  travailed  to  persuade  him  to  give  his  assistance  to 
that  fact ;  but  he  excused  himself,  because  he  saw  no  warrant 
from  the  queen,  as  Bothwell  had  promised.  After  the  murder 
committed,  he  said  that  Mr  Archibald  came  again  unto  him, 
and  told  him  that  he  did  accompany  Bothwell  and  Huntly  to 
the  place,  and  was  assisting  to  the  fact.  "  Therefore  can  I  not 
deny,"  saith  he,  "  that  I  foreknew  and  concealed  the  same ;  but 
to  whom  should  I  have  revealed  it  ?  for  the  king,  when  he  was 
advertised  of  the  danger,  would  not  believe  it.  But  they 
have  condemned  me  of  art  and  part,"  said  he,  "  which  is 
more  than  conceaUng ;  but  as  I  wish  God  to  be  merciful  to 
me  now  at  my  last,  I  never  gave  counsel  nor  consent  thereto." 
The  ministers  replying  that  he  could  not  justly  complain  of 
the  sentence,  being  guilty  of  foreknowledge  and  concealing 
by  his  own  declaration,  he  acknowledged  the  same  to  be  true  : 
but,  saith  he,  "  it  would  have  gone  alike  with  me  if  I  had 
been  as  innocent  as  St  Stephen,  or  as  guilty  as  Judas.  But 
of  that  I  am  not  to  complain,  nor  will  I  stand  to  my  justifica- 
tion, being  assured,  howsoever  men  have  carried  themselves 
in  it,  God  hath  dealt  justly  with  me ;  and  that  I  am  to  suffer 
nothing  but  that  which  I  have  merited,  yea  worse." 

This  confession  reported  to  the  king,  the  rigour  of  the 
sentence  was  mitigated,  and  order  given  that  he  should  be 
beheaded  only,  and  his  body  committed  to  burial.  In  the 
afternoon,  when  it  was  told  him  by  his  keeper  that  the  time 
was  come,  and  all  things  were  in  a  readiness,  he  said,  "  I 
praise  God  I  am  also  ready ;"  and  making  forth  was  met  by 
the  earl  of  Arran  in  the  very  entry,  who  desired  him  to  stay 
and  subscribe  his  confession.  He  answered,  "  I  pray  you 
trouble  me  not,  for  I  am  now  to  prepare  myself  for  death, 
and  cannot  write  in  this  estate."  The  earl  ceasing  to  urge 
that  point  any  farther,  desired  he  might  be  reconciled  with 
him,  protesting  that  he  had  done  nothing  upon  any  particular 


A.  D.  1581.]  CHURCH  OF  SCOTLAND.  279 

grudge.  He  answered,  "  It  is  no  time  to  reckon  quarrels,  I 
forgive  you  and  all  others."  When  he  was  come  to  the 
scaffold,  which  was  erected  in  the  public  street,  he  repeated 
the  substance  of  his  confession ;  and  in  some  few  words  ex- 
horted the  people  to  continue  in  the  profession  of  true  re- 
ligion, and  maintain  it  at  their  power,  entreating  them  to 
assist  him  with  their  prayers  to  God.  The  chief  minister 
did  then  conceive  a  prayer,  during  the  time  Avhercof  he  lay 
prostrate  upon  his  face,  and  Avas  greatly  moved,  as  appeared 
by  the  rebounding  of  his  body  with  many  sobs  and  sighs. 
The  prayer  ended,  divers  came  to  be  reconciled  with  him, 
whom  he  received  very  kindly :  all  the  rest  that  were  on 
the  scaffold  he  took  by  the  hand,  bidding  them  farewell,  and 
going  towards  the  block,  laid  down  his  head,  and  cried  aloud, 
"  Into  thine  hands,  O  Lord,  I  commit  my  spirit :  Lord 
Jesus  receive  my  soul."  Which  words  he  was  still  uttering 
whenas  the  axe  fell  and  cut  off  his  head.  His  corpse  left  on 
the  place  lay  from  the  hour  of  execution  to  the  sun-setting, 
covered  with  a  beggarly  cloak,  every  man  fearing  to  show 
any  kindness,  or  so  much  as  to  express  a  sign  of  sorrow. 
His  corpse  was  afterwards  carried  by  some  base  fellows  to  the 
common  sepulture,  and  his  head  fixed  on  the  Tolbooth. 

Never  was  seen  a  more  notable  example  of  fortune's  muta- 
bihty.  He  who  a  few  years  before  had  been  reverenced  of 
all  men  and  feared  as  a  king,  abounding  in  wealth,  honour, 
and  numbers  of  friends  and  followers,  was  now  at  his  end 
forsaken  of  all,  and  made  the  very  scorn  of  fortune ;  to 
teach  men  how  Httle  stability  there  is  in  honour,  wealth, 
friendship,  and  the  rest  of  those  worldly  things  which  men  so 
much  admire.  He  was  of  personage  comely,  of  a  mean  [middle] 
stature,  a  graceful  countenance,  and  singular  courage,  whereof 
in  the  civil  troubles  he  gave  many  proofs ;  wise  and  able  for 
government,  a  lover  of  justice,  order,  and  policy  ;  but  inclined 
to  covetousness,  which  the  wants  and  necessity  he  endured 
in  liis  younger  years  was  thought  to  have  caused ;  and  given 
too  much  to  the  pleasures  of  the  flesh,  as  at  his  dying  he  ac- 
knowledged with  a  great  remorse.  In  this  lastly  most  happy, 
that  though  his  death  in  the  world's  eye  was  shameful  and 
violent,  yet  did  he  take  it  most  patiently,  quitting  this  life 
with  the  assurance  of  a  better. 

The  day  following,  the  earl  of  Arran  in  council  made  a 


280  THE  HISTOHY  OF  THE  [a.  D,   1581. 

discourse  of  his  proceedings  in  the  trial  of  Morton,  declaring 
what  he  had  done,  and  how,  to  come  to  the  knowledge  of  the 
fact  for  which  he  had  suffered,  he  was  forced  to  use  some  ri- 
gorous dealing  towards  his  servants,  and  put  certain  of  them 
to  the  torture  :  lest  this  should  be  imputed  to  him  as  a  crime,' 
his  desire  was  to  have  his  majesty's  and  the  council's  appro- 
bation. This  was  easily  obtained,  and  an  act  made  ratifying 
all  that  he  had  done  in  that  business,  as  good  service  to  his 
majesty  and  the  estate.  Yet  was  it  well  enough  known,  that 
the  inquisition  he  made  upon  Morton's  servants  was  to  find  out 
where  his  gold  and  money  was  hidden,  and  for  no  purpose  else. 
Near  about  the  same  time  he  took  to  wife  the  earl  of  March 
his  lady,  a  woman  intolerable  in  all  the  imperfections  incident 
to  that  sex.  She  had  forsaken  her  husband  not  long  before, 
and  obtained  sentence  against  him  for  alleged  impotency  ;  yet 
was  she  known  to  be  with  child  even  then  by  Arran,  which 
made  the  process  on  her  part  more  shameful.  Nor  was  his 
part  a  whit  better,  nay  rather  much  worse,  having  been  a 
long  time  entertained  in  the  nobleman's  house,  and  furnished 
by  him  in  every  thing  necessary,  whilst  his  estate  was  but 
yet  mean ;  to  have  repaid  the  nobleman  so  dishonourably, 
was  accounted  a  vile  ingratitude.  The  marriage  always 
went  on,  and  their  unlawful  love  held  that  way  legitimated. 

In  August  next,  the  earl  of  Lennox  was  created  duke  of 
Lennox,  Lord  Robert  Stewart,  uncle  to  the  king  by  his 
mother,  made  earl  of  Orkney,  William  lord  Kuthven  earl  of 
Gowrie,  and  John  lord  Maxwell  earl  of  Morton.  Arran, 
although  he  had  assumed  the  title  before,  would  then  also  be 
created  earl,  wliich  was  done  with  great  solemnity,  and  the  first 
place  bestowed  on  him,  for  he  would  not  endure  to  be  second 
to  any,  and  took  so  ill  the  credit  which  he  saw  the  duke 
carried  with  the  king,  as  he  spared  not  to  afi'ront  him  at  all 
occasions.  The  laird  of  Farniherst  was  then  newly  returned 
from  France,  where  he  had  lived  divers  years  in  exile,  and 
by  the  duke's  favour,  to  whom  the  king  could  deny  nothing, 
had  a  respite  given  him  for  certain  crimes  committed  in  the 
king's  minority.  As  it  was  passing  in  council,  the  earl  of 
Arran  did  protest  against  it,  alleging  an  oath  made  at  Stir- 
ling by  the  counsellors,  not  to  give  way  to  respites  or  remis- 
sions granted  to  the  king's  enemies.  Herewith  the  duke 
offended,  and  a  great  heart-burning  grew  amongst  them, 


A.  D.  1581.]  CHURCH  OF  SCOTLAND.  281 

which  in  the  parliament  kept  at  Edinburgh  in  the  month  of 
October  following  burst  forth  in  an  open  breach.  The 
question  was  about  some  privileges  belonging  to  the  chamber- 
lain in  time  of  parliament,  which  Arran  would  not  acknow- 
ledge, taking  upon  him,  as  captain  of  the  guard,  to  place 
near  unto  the  king  whom  he  pleased.  The  duke  not  enduring 
this  insolency,  absented  himself  from  parliament ;  which  did 
so  irritate  the  king,  as  the  next  day  he  went  to  Dalkeith, 
taking  the  duke  with  him,  and  charged  Arran  not  to  come 
towards  court.  Many  were  glad  to  see  them  thus  committed 
amongst  themselves,  and  for  a  while  matters  went  so  hot,  as 
it  was  not  expected  the  discord  should  be  suddenly  appeased. 
The  duke  had  the  advantage  of  the  king's  favour ;  Arran 
strengthened  himself  with  the  common  cause,  giving  out  that 
the  quarrel  was  for  religion,  and  for  opposing  the  duke's 
courses,  who  craftily  sought  the  overthrow  thereof.  And  all 
the  time  the  frowning  of  the  court  continued,  you  should  have 
seen  him  and  his  lady  repair  so  devoutly  to  sermon  and 
prayers,  that  the  people  believed  this  to  be  the  ground  of  the 
dissension,  and  that  he  was  only  disliked  for  his  sincerity  in 
religion.  But  Arran  knowing  this  would  not  long  bear 
out,  and  fearing  to  lose  the  king's  favour  altogether,  he  em- 
ployed some  friends  to  make  offer  of  satisfaction  to  the  duke  ; 
and  in  end,  things  were  so  composed  as  Arran  did  quit  the 
commandment  of  the  guard,  and  the  charge  thereof  was 
given  to  the  duke. 

To  return  to  the  matters  of  the  Church.  There  was  a 
general  synod  this  year  kept  at  Glasgow  in  the  month  of 
April,  wherein  the  question  of  bishops  was  again  agitated  ; 
and  because  of  the  scruples  which  some  brethren  had  at  the 
act  concluded  at  Dundee  the  year  preceding,  especially  where 
it  was  said  that  the  office  of  a  bishop  had  no  warrant  of  the 
word  of  God,  the  Assembly  declared,  that  their  meaning  was 
to  condemn  the  estate  of  bishops  as  they  were  then  in  Scot- 
land. A  number  of  the  more  wise  and  moderate  sort  inter- 
ceded that  the  conclusion  of  that  matter  might  be  for  a  time 
deferred,  because  of  the  inconveniences  it  would  draw  upon 
the  Church ;  but  they  were  cried  down  by  the  multitude. 
Amongst  others,  one  Mr  Hobcrt  Montgomery,  minister  at 
StirUng,  was  so  fervent  in  the  cause,  as  he  would  have  the 
Assembly  censure  those  that  had  spoken  in  defence  of  that 


282  THE  HISTORY  OF  THE  [a.  d.  1581. 

corrupted  estate.  Yet  before  the  end  of  that  year  this 
zealous  man  did  suffer  himself  to  be  more  pitifully  corrupted, 
the  story  whereof  shall  now  be  related.  The  see  of  Glas- 
gow being  then  void,  it  was  suggested  to  the  duke  of  Lennox 
by  some  flatterers,  that  he  had  a  fair  occasion  presented  to 
make  himself  lord  of  that  city,  and  of  the  lands  pertaining  to 
that  see,  if  he  should  only  procure  a  gift  thereof  to  some 
one  that  would  make  a  disposition  of  the  same  to  him  and 
his  heirs.  The  offer  was  made  to  divers,  who  refused  all, 
because  of  the  condition  required.  At  last  the  agents  in  that 
business  fell  upon  this  Montgomery,  who  was  content  to  ac- 
cept it.  A  gift  was  thereupon  formed,  and  a  bond  given  by 
him,  "  That  how  soon  he  was  admitted  bishop,  he  should 
dispone  the  lands,  lordships,  and  whatsoever  belonged  to 
that  prelacy,  to  the  duke  and  his  heirs,  for  the  yearly  pay- 
ment of  one  thousand  pounds  Scots,  with  some  horse-corn 
and  poultry."  A  vile  bargain  it  was,  for  which  justly  he 
ought  to  have  been  repulsed.  But  the  Church  passing  this 
point,  made  quarrel  to  him  for  accepting  the  bishopric,  which 
the  king  would  not  acknowledge  to  be  a  reason  sufficient. 
"  If  they  could  charge  him  with  any  fault  in  doctrine  or  life, 
he  was  content  they  should  keep  their  order ;  but  to  challenge 
him  for  accepting  the  bishopric,  he  would  not  permit  the 
same,  having  lately  ratified  the  acts  agreed  upon  at  Lcith, 
anno  1571,  touching  the  admission  of  bishops,  and  ordained 
the  same  to  stand  in  force  until  his  perfect  age,  or  till  a 
change  was  made  thereof  in  parliament," 

This  related  to  the  Church,  they  did  appoint  Montgomery 
his  life  and  doctrine  to  be  inquired  upon,  if  possibly  they 
could  find  any  matter  against  him  :  which  done,  an  accusation 
was  framed,  and  he  cited  to  answer  in  the  next  Assembly. 
The  Articles  laid  to  his  charge  were  these : — 

1.  That  he,  preaching  at  Stirhng,  had  proponed  a  question 
touching  the  circumcision  of  women,  and  affirmed  they 
were  circumcised  in  the  skin  of  their  forehead. 

2.  That,  teaching  in  Glasgow,  he  should  say,  the  disciphne 
of  the  Church  was  a  thing  indifferent,  and  might  stand 
this  or  that  way. 

3.  That  he  called  the  ministers  captious,  and  men  of  curious 
brains. 


A.  D.  1581.]  CHURCH  OF  SCOTLAND.  283 

4.  That  lie  laboured  to  bi'ing  the  original  languages  in  con- 
tempt, abusing  the  words  of  the  apostle  in  the  1  Cor.  14, 
and  jestingly  asked,  In  what  school  were  Peter  and  Paul 
graduated  ? 

5.  That  to  prove  the  lawfulness  of  bishops  in  the  Church,  he 
had  used  the  examples  of  Ambrose  and  Augustine. 

6.  That  in  his  doctrine  he  said  it  was  sufficient  to  baptize  in 
the  name  of  the  Father  only,  or  in  the  name  of  the  Son,  or 
in  the  name  of  the  Holy  Ghost,  seeing  they  are  all  one 
God  ;  and  to  that  effect  alleged  the  nineteenth  of  the  Acts. 

7.  That  he  should  have  called  matters  of  disciphne,  and  the 
lawful  calling  of  the  Church,  trifles  of  policy. 

8.  That  he  charged  the  ministry  with  sedition,  warning  them 
not  to  put  on  or  off  crowns  ;  for  if  they  meddled  therewith, 
they  would  be  reproved. 

9.  That  he  condemned  the  particular  application  of  Scripture, 
disdainfully  asking.  In  what  Scripture  they  found  a  bishop 
for  a  thousand  pounds,  horse-corn,  and  poultry,  &c. 

10.  That  he  oppugned  the  doctrine  of  our  Saviour,  speaking 
of  the  number  of  the  wicked  and  them  that  perish. 

11.  That  he  denied  any  mention  to  be  made  in  the  New 
Testament  of  a  presbytery  or  eldership. 

12.  That  he  accused  the  ministers  of  pasquils,  lying,  back- 
biting, &c. 

13.  That  the  Church  being  traduced  with  infamous  libels, 
he  did  not  only  not  find  fault  therewith,  but  seemed  to  ap- 
prove the  same,  having  used  in  his  preaching  the  very 
words  of  the  libel  cast  in  the  king's  chamber  against  the 
ministers. 

14.  'That  these  three  months  past  he  had  been  negligent  in 
doctrine  and  discipline,  and  given  no  assistance  to  the 
eldership. 

The  articles  were  sent  to  the  king  by  some  ministers,  who 
were  desired  to  show  his  majesty  that  the  accusation  was  not 
founded  upon  the  accepting  of  the  bishopric,  but  upon  er- 
roneous points  of  doctrine.  The  king  answered,  "  That 
whatsoever  colour  they  gave  to  the  process,  he  knew  that  his 
yielding  to  accept  that  place  was  the  true  quarrel ;  and  for 
himself,  albeit  he  loved  the  religion,  and  agreed  fully  there- 
with, he  allowed  not  divers  heads  of  their  policy  ;  always, 


284  THK   HISTORY   OF  THE  [a.  D.   1581. 

for  the  particular  in  hands,  he  would  leave  the  man  to  make 
his  own  answer."  This  reported  to  the  Assembly,  they  went 
on  with  the  accusation,  and  Montgomery  being  called,  Mr 
Andrew  Melvill  became  his  accuser.  The  articles  upon 
his  denial  were  admitted  to  probation,  but  few  of  them  were 
verified ;  yet  the  conclusion  of  the  Assembly  was,  that  ha 
should  continue  in  his  ministry  at  Stirling,  and  meddle  no 
more  with  the  bishopric  under  pain  of  excommunication. 
Meanwhile  the  presbytery  of  Stirhng  (for  they  had  now 
erected  presbyteries  in  divers  places  of  the  country)  was 
enjoined  to  try  his  conversation,  and  how  he  did  exercise 
discipline,  if  possibly  any  thing  might  be  found  against  him 
that  way. 

It  fell  out  at  the  same  time,  that  Mr  Walter  Balcanquel,  one 
of  the  ministers  of  Edinburgh,  did  utter  some  reproachful 
speeches  in  a  sermon  against  the  duke  of  Lennox,  saying, 
"  That  Avithin  these  four  years  popery  had  entered  into  the 
country  and  court,  and  was  maintained  in  the  king's  hall  by 
the  tyranny  of  a  great  champion,  who  was  called  Grace. 
But  if  his  Grace  continued  in  opposing  himself  to  God  and 
liis  word,  he  should  come  to  little  grace  in  the  end."  The 
king,  advertised  of  this,  sent  James  Melville  his  servant  to 
complain  to  the  Assembly,  requiring  some  order  to  be  taken 
therein.  The  minister  being  put  to  his  answer,  said,  "  That 
he  praised  God  for  two  things  :  first,  that  he  was  not  accused 
for  any  thing  done  against  his  majesty  and  the  laws ;  secondly, 
that  he  perceived  the  Church  had  obtained  some  victory ; 
for  when  he  was  last  questioned  for  his  sermon,  the  council 
did  make  themselves  judges  of  ministers'  doctrine  ;  now  that 
he  saw  the  complaint  remitted  to  the  Assembly,  he  was  glad, 
and  willingly  submitted  his  doctrine  to  their  trial :  only,  that 
he  should  not  give  advantage  to  his  enemies,  he  desired  the 
apostolic  canon  to  be  kept,  which  prohibiteth  an  accusation 
to  be  received  against  an  elder  but  under  two  or  three 
witnesses." 

Mr  Thomas  Smeton  and  David  Ferguson  were  upon  this 
directed  to  show  the  king,  that  the  Assembly  was  willing  and 
ready  to  try  the  complaint,  but  withal,  that  the  liberty 
craved  by  the  person  accused  could  not  be  denied,  he  being 
a  presbyter.  So,  if  it  should  please  his  majesty  to  send  an 
accuser  assisted  bv  two  or  three  witnesses,  the  accusation 


A.  D.  1582.]  CHURCH  OF  SCOTLAND.  285 

should  be  received,  and  justice  done.  The  king  not  liking 
this  answer,  for  he  knew  the  difficulties  he  should  have  to 
find  out  an  accuser,  followed  the  business  no  more  :  but  the 
minister,  not  contenting  that  the  cause  should  thus  desert, 
would  needs  have  the  judgment  of  the  Assembly  whether  or 
not  he  had  uttered  in  his  sermon  any  scandalous  or  offensive 
words ;  for  they  had  been  all  auditors  of  that  he  spake. 
This  being  put  to  voices,  the  Assembly  declared  his  doctrine 
to  have  been  good  and  sound,  and  that  he  had  given  no  just 
offence  thereby  to  any  person.  When  this  was  told  the 
king,  he  was  much  offended ;  for  not  many  days  before, 
when  as  the  same  minister,  with  his  colleague  John  Dury,  was 
called  to  give  account  of  some  speeches  they  had  uttered  in 
pulpit,  it  was  excepted,  "  That  the  king  and  council  could 
not  be  judges  of  their  doctrine;"  and  now,  saith  he,  having 
complained  to  themselves,  and  they  being  auditors  of  the 
speeches,  when  he  expected  some  censure  to  be  inflicted,  they 
had  justified  all  that  was  spoken,  and  so  Avould  force  him  to 
take  other  courses  than  ho  desired  to  follow. 

But  to  return  to  Montgomery  his  cause,  tlie  ministers  of 
Stirling,  as  they  were  enjoined,  made  a  visit  of  the  church, 
to  try  what  they  could  find  against  him.  All  they  got  de- 
lated was,  that  he  had  baptized  some  children  begotten  in 
fornication,  not  calling  the  offenders  before  his  session. 
Upon  this  delation  he  was  cited  to  appear,  and  because  he 
kept  not  the  diet,  suspended  from  his  function.  He  not  the 
less  preached  still,  and  exercised  all  the  parts  of  his  ministry, 
as  in  former  times,  which  they  took  to  be  a  high  contempt, 
and  therefore  did  summon  him  to  the  Assembly  which  was 
shortly  to  meet  at  St  Andrews,  to  hear  their  sentence  ap- 
proved, and  to  answer  to  such  other  things  as  in  that  meeting 
should  be  laid  to  his  charge  :  and  because  they  understood, 
that  against  the  inhibition  of  the  last  Assembly  he  was  still 
labouring  to  secure  himself  in  the  bishopric  of  Glasgow,  and 
had  cited  the  chapter  before  the  council  for  refusing  to  con- 
vene to  his  election,  they  likewise  charged  him  to  compear 
before  the  synod  of  Lothian,  to  hear  the  sentence  of  excom- 
munication pronounced  against  him. 

The  king  being  informed  of  this,  caused  warn  the  synod 
to  appear  the  twelfth  of  April  at  Stirling,  discharging  in  the 
mean  time  all  proceeding  in  the  business.     Mr  Robert  Pout, 


286  THE  HISTORY  OF  THE  [a.  D.  1582. 

and  with  him  a  few  others,  compearing  at  the  day,  he  in  name 
of  the  rest  protested,  "  That  albeit  they  had  compeared  to 
testify  their  obedience  to  his  majesty,  yet  they  did  not  ac- 
knowledge his  majesty  and  council  judges  in  that  matter,  the 
same  being  a  cause  ecclesiastic,  and  that  nothing  done  at 
that  time  should  prejudge  the  liberties  of  the  Church  and 
laws  of  the  realm."  This  protestation  the  council  rejected, 
inhibiting  the  ministers  to  use  any  proceeding  against  Mont- 
gomery; which,  because  of  the  General  Assembly's  approach- 
ing, they  yielded  unto,  only  they  caused  charge  him  to 
appear  before  the  Assembly.  When  the  diet  came  he 
appeared,  and  first  protesting  for  remedy  if  they  should  use 
him  wrongfully,  he  said,  that  the  process  of  Stirling  could 
not  be  allowed,  for  that  he  was  never  lawfully  summoned  to 
hear  any  sentence  given  against  him.  The  presbytery  of 
Stirhng  remitting  themselves  to  the  process,  the  Assembly 
declared  the  same  to  be  rightly  deduced,  and  ratified  the 
suspension  pronounced.  As  they  were  proceeding  to  his 
censure  for  contempt  of  the  sentence,  Mr  Mark  Ker,  then 
master  of  requests,  presented  a  letter  from  his  majesty,  in- 
hibiting them  to  trouble  the  bishop  for  any  thing  that  con- 
cerned the  bishopric,  or  whatsoever  cause  preceding;  for 
that  the  king  would  have  those  things  heard  and  handled  in 
his  own  presence.  The  Assembly  answered,  that,  because  of 
his  majesty's  request,  they  should  look  more  carefully  to  the 
business,  and  see  all  things  carried  rightly  and  according  to 
justice. 

The  master  of  requests  replying  that  his  majesty  had 
willed  them  by  his  letter  to  desist,  and  treat  no  more  of  that 
business,  Mr  Andrew  Melvill,  who  presided  for  the  time, 
answered,  "  That  they  did  not  meddle  with  things  belonging 
to  the  civil  power,  and  for  matters  ecclesiastic,  they  were 
warranted  to  proceed  in  these,  specially  with  one  of  their 
own  number."  He  perceiving  that,  notwithstanding  of  his 
majesty's  letter,  they  would  proceed,  caused  a  messenger  of 
arms,  whom  he  had  brought  with  him,  charge  them  under 
pain  of  rebellion  to  desist.  Then  was  Montgomery  called  to 
see  if  he  would  abide  by  the  charges  used  at  his  instance ; 
but  he  was  retired  to  his  lodging,  and  could  not  be  found, 
and  the  night  drawing  on,  was  appointed  to  be  summoned  to 
the  next  morning  to  receive  his  censure.     At  the  hour  ap- 


A.  D.  1582,]  CHURCH  OF  SCOTLAND.  287 

pointed,  one  William  Montgomery  having  procuration  from 
him  appeared,  and  appealing  from  the  Assembly  to  the  king 
and  council,  gave  this  for  a  reason  amongst  others,  "  That 
he  who  was  his  accuser  in  the  last  Assembly  was  turned  to  be 
his  judge."  But  the  Assembly  rejecting  the  appellation,  fell 
presently  a-reading  the  enorm  crimes  (so  they  called  them) 
whereof  he  was  guilty ;  nor  was  there  any  thing  omitted 
that  served  to  aggravate  the  same ;  corruption  in  doctrine, 
dissoluteness  of  life,  contempt  of  the  Church's  sentence, 
falsehood  and  breach  of  promise,  lying,  perjury,  moving  of 
sedition,  and  stirring  up  certain  of  the  nobility  against  the 
Church.  Of  all  these  he  was  declared  culpable,  and  ordained 
therefore  to  be  deprived,  and  cast  forth  of  the  Church. 

How  soon  he  heard  that  this  conclusion  was  taken,  his  cour- 
age, which  seemed  before  high  and  resolute,  began  to  cool ; 
whereupon  presenting  himself  to  the  Assembly,  he  renounced 
his  appeal,  desiring  conference  of  some  godly  and  learned 
brethren  :  which  granted,  he  was  induced  by  them  to  confess 
his  oifence  in  divers  particulars,  submitting  himself  to  the 
will  of  the  Assembly,  and  in  end,  to  promise  solemnly  in  the 
presence  of  the  whole  number  that  he  should  meddle  no 
farther  with  the  bishopric  of  Glasgow,  and  neither  accept 
of  it  nor  of  any  other  office  in  the  Church,  without  the  ad- 
vice and  consent  of  the  General  Assembly.  Yet  this  gave 
not  an  end  to  the  business  ;  for  how  soon  he  returned  to 
the  court,  and  perceived  the  king's  countenance  cast  down 
upon  him  for  that  he  had  done,  he  undertook  of  new  to 
settle  himself  at  Glasgow,  and  had  letters  from  his  majesty 
to  the  gentlemen  of  those  parts  to  assist  him.  At  his  coming 
to  Glasgow  with  purpose  to  preach  the  Sunday  following,  a 
number  of  the  students  in  the  college  entered  into  the  church 
on  Saturday  night,  and  excluding  him,  did  keep  the  chair  for 
Mr  Thomas  Smeton  their  principal;  who  taking  for  his 
theme  that  saying  in  the  gospel,  "  He  that  enters  not  by  the 
door,  but  by  the  window,  is  a  thief  and  a  robber,"  inveighed 
against  the  bishop  for  his  simoniacal  entry,  and  the  levity  he 
had  showed  in  all  his  proceedings.  The  next  Sunday  the 
bishop  with  a  great  convocation  of  gentlemen  came  to  the 
church,  and  displacing  the  ordinary  preacher,  Mr  David 
Wemyss,  made  the  sermon  himself.  The  presbytery  of 
Glasgow  intending  process  against  liim  for  molestation  of  the 


288  THE  HISTORY  OF  THE  [a.  D.   1582. 

church,  and  usurping  the  place  of  the  ordinary  preacher, 
Matthew  Stewart  of  Minto,  provost  of  the  city,  came  and 
presented  a  warrant  from  the  king  to  stay  all  proceedings 
against  the  bishop,  wilHng  them  to  desist.  Mr  John  Howe- 
son,  minister  at  Cambuslang,  moderating  in  his  course  (as 
the  custom  then  was),  and  replying  somewhat  peremptorily, 
that  notwithstanding  his  warrant  they  would  proceed,  some 
words  of  offence  passed,  Avhcreupon  the  provost,  pulling  him 
from  the  seat,  made  him  prisoner  in  the  Tolbooth. 

The  rumour  of  this  fact  ran  quickly  through  the  kingdom, 
and  a  solemn  fast  being  kept  by  the  appointment  of  the 
former  Assembly,  the  causes  whereof  were  made  to  be  the 
aboundauce  of  sin,  the  oppression  of  the  Church,  the  dilapi- 
dation of  the  rents,  and  the  danger  wherein  the  king  stood 
by  the  company  of  wicked  persons,  who  did  seek  to  corrupt 
him  in  manners  and  rchgion,  the  insolency  committed  at 
Glasgow  was  likewise  adjected,  and  furnished  matter  of  long 
discourse  to  the  preachers.  Amongst  others  John  Dury  did 
exclaim  mightily  against  the  duke  of  Lennox,  upon  whom 
the  blame  of  all  things  was  laid,  and  thereby  did  so  irritate 
the  king  as  he  would  needs  have  him  removed  forth  of  the 
town.  Charges  to  that  effect  were  directed,  commanding  the 
magistrates  within  the  space  of  twenty -four  hours  to  remove 
him ;  who  not  daring  disobey,  yet  being  unwilling  to  use 
their  minister  in  that  sort,  travailed  with  him  to  depart 
quietly,  and  leave  the  town.  The  minister  proponing  the 
case  to  the  General  Assembly  (for  upon  advertisement  given 
by  the  ministers  of  Edinburgh  they  were  there  convened), 
desired  their  advice  :  "  For  to  leave  his  flock  at  the  pleasure  of 
the  court,"  he  said,  '•  might  work  a  prejudice  to  the  Church; 
and  to  depart  privately,  as  the  magistrates  advised  him, 
might  be  imputed  to  fear,  or  then  make  him  to  be  thought 
guilty  of  some  fault."  The  brethren  after  a  short  consulta- 
tion did  advise  him  to  stay  till  he  should  be  commanded  to 
depart,  and  then  obey.  Meanwhile  Mr  Thomas  Buchanan 
and  David  Ferguson  were  sent  to  the  king,  who  was  then  at 
Stirhng,  to  entreat  his  majesty's  favour  unto  him,  and  there- 
with to  request  a  continuation  of  the  diet  for  the  appearing 
of  the  ministers  of  Glasgow  at  Perth.  The  king,  desiring  to 
have  matters  quieted,  answered  the  last  proposition  first, 
saying,  "  That  if  the  Assembly  would  delay  the  process 


A.   D.   1582.]  CHURCH  OF  SCOTLAND.  289 

which  they  had  against  the  provost  of  Glasgow  and  his 
assisters,  he  would  likewise  dispense  with  the  appearing  of 
the  ministers  at  the  appointed  time."  And  as  to  John  Dury 
he  said,  '•  that  upon  his  supplication,  how  soon  the  duke  re- 
turned to  court,  whose  interest  was  greatest  in  that  business, 
order  should  be  taken  with  him,  and  consideration  had  of  the 
Assembly's  request."  But  they  not  satisfied  herewith,  striving 
to  make  good  what  they  had  taken  in  hand,  went  on  with 
the  process  of  Glasgow,  and  leading  probation  against  Minto 
and  the  rest,  decerned  them  to  be  excommunicated  and  cast 
forth  of  the  society  of  the  Church  ;  only  the  pronouncing  of 
the  sentence  was  delayed,  till  they  saw  what  course  was  kept 
with  their  brethren  before  the  council. 

Mr  John  Davidson,  then  minister  at  Liberton,  pretending 
a  warrant  from  the  Church,  had  in  his  private  parish  pro- 
nounced Bishop  jNJontgomery  excommunicate,  which  (albeit 
done  against  all  form)  was  allowed,  and  intimated  in  all  the 
churches  of  the  country.  The  duke  of  Lennox  notwith- 
standing did  still  entertain  him  in  his  company,  and  at  some 
occasions  had  made  Piim  to  preach  publicly.  Thereupon  Mr 
Alexander  Arbuthnot  and  Mr  Adam  Johnston  were  directed 
by  the  Assembly  to  intimate  unto  the  duke  his  excommunica- 
tion, and  the  acts  of  the  Church  against  such  as  kept  excom- 
municate persons  in  their  company.  The  duke  taking  them 
up  somewhat  hotly,  asked,  "  Whether  the  king  or  the 
Church  were  superiors ;"  and  thereafter  answered  them 
directly,  "  That  he  was  commanded  by  the  king  and  council 
to  entertain  him,  which  he  would  not  forbear  to  do  for  any 
fear  he  had  of  their  censures."  This  amongst  other  griev- 
ances of  the  Church  was  ordained  to  be  represented  to  his 
majesty  by  the  commissioners  appointed  to  attend  the  council 
at  Perth.  But  touching  this  the  king  answered,  "  That  the 
excommunication  was  null,  and  declared  such  by  the  council, 
as  being  pronounced  against  equity  and  all  lawful  form,  no 
citation  being  used,  nor  any  admonition  preceding,  which  all 
laws  and  even  their  own  disciphne  appointed  to  be  observed." 
To  their  other  grievances  they  received  general  answers ; 
and  for  the  brethren  of  Glasgow,  their  trial  was  continued  to 
the  tenth  of  September  next. 

Before  which  time  the  surprise  of  the  king's  person  at 
Ruthven  fell  out,  which  altered  the  state  of  all  affairs.    Some 

VOL.  n.  19 


290  THE  HISTORY   OF  THK  [a.  D.   1582. 

of  the  nobility  combining  themselves  for  defence  of  religion 
and  the  liberty  of  the  kingdom  (as  they  pretended),  upon 
notice  of  the  duke  and  Arran's  absence  from  the  court,  placed 
themselves  about  the  king,  and  detained  him  some  days  at 
the  house  of  Ruthven,  The  principals  in  this  attempt  were 
John  earl  of  Mar,  WiUiam  earl  of  Gowrie,  Patrick  lord 
Lindsay,  Robert  lord  Boyd,  the  masters  of  Glammis  and 
Oliphant,  the  abbots  of  Dunfermline,  Paisley,  Dryburgh, 
and  Cambuskenneth,  the  lairds  of  Lochleven,  Easter  Wemyss, 
Ckish,  and  the  constable  of  Dundee.  The  king  at  their  first 
coming  suspected  there  was  some  practice  in  hand,  yet  dis- 
sembled the  matter,  thinking  to  free  himself  the  next  day 
when  he  went  abroad  to  his  sport.  But  as  he  was  about  to  go, 
the  master  of  Glammis  stept  to  the  door  of  the  parlour,  and 
told  him  he  must  stay.  The  king  asked  the  reason ;  he 
answered,  he  should  know  it  shortly.  When  he  saw  it  to  be 
so,  and  found  his  liberty  restrained,  he  grew  into  a  passion,  and 
after  some  threatening  speeches  burst  forth  into  tears.  The 
master  seeing  him  weep,  said,  "  It  is  no  matter  of  his  tears, 
better  that  bairns  should  weep  than  bearded  men."  Which 
words  entered  so  deeply  into  the  king's  heart,  as  he  did  never 
forget  them.  The  news  went  quickly  of  the  noblemen's  being 
at  court  in  such  numbers ;  which  made  the  earl  of  Arran  to 
haste  thither ;  for  he  held  himself  assured  of  the  earl  of 
Gowrie's  friendship,  as  being  of  his  alliance,  and  having  kept 
one  course  in  the  pursuit  of  the  earl  of  Morton ;  his  only 
fear  was,  that  he  should  be  stayed  by  the  way,  therefore 
having  crossed  the  ferry,  he  singled  himself  from  his  com- 
pany, and  taking  one  only  servant  Avith  himself,  directed  his 
brother,  William  Stewart,  to  keep  the  highway  with  the 
rest.  By  this  mean  he  did  escape  those  that  lay  in  wait  for 
him,  and  came  in  the  evening  to  Ruthven.  When  he  had 
entered  the  gate  he  asked  what  the  king  was  doing,  as  mean- 
ing to  go  directly  to  him  ;  but  was  conveyed  to  another  room, 
and  told  that  he  must  have  patience,  and  think  his  fortune 
good  that  he  was  come  to  that  place  with  his  life  saved  ;  and 
so  he  himself  judged,  when  a  little  after  he  heard  that  the 
horsemen  which  lay  in  wait  of  him,  and  encountered  his 
brother  nigh  unto  Dupplin,  after  divers  wounds  given  him, 
had  taken  him  prisoner. 

A  day  or  two  after  some  noblemen  employed  by  the  duke 


A.  D.   1582.]  C'HUUCII  OF  SCOTLAND.  291 

of  Lennox,  who  remained  then  in  Dalkeith,  came  to  court, 
but  were  not  permitted  to  speak  with  the  king,  nor  see  him, 
except  in  council.  Being  examined  what  their  business  was, 
they  told  that  the  duke  of  Lennox  had  sent  them  to  learn  of 
the  king  in  what  condition  he  was  ;  and  that  if  he  was  detained 
against  his  will,  as  the  rumour  went,  he  might,  with  the  as- 
sistance of  other  good  subjects,  see  him  made  free.  The 
king  presently  cried  out  that  he  was  captive,  which  he 
desired  all  his  subjects  to  know,  and  that  the  duke  should  do 
what  he  might  to  procure  his  Uberty.  The  lords  prayed  his 
majesty  not  to  say  so,  "  for  that  he  should  not  be  denied  to 
go  whither  he  pleased,  only  they  would  not  permit  the  duke 
of  Lennox  and  earl  of  Arran  to  mislead  him  any  longer,  and 
oppress  both  church  and  kingdom,  as  they  had  done.  Where- 
fore he  should  do  well  to  cause  the  duke  retire  himself  quietly 
to  France,  otherwise  they  would  be  forced  to  bring  him  to  an 
account  of  his  doings,  and  proceed  against  him  with  rigour  of 
law."  This  they  willed  the  same  noblemen  whom  he  had  sent 
to  signify  unto  the  duke,  and  that  they  were  resolved  to 
maintain  what  they  had  undertaken,  at  the  utmost  hazard  of 
their  lives  and  estates. 

After  they  were  gone,  the  king's  anger  being  somewhat 
assuaged,  and  fearing  the  duke's  case  more  than  his  own,  he 
was  moved  to  send  forth  a  proclamation  to  this  effect :  "  That 
for  pacifying  the  present  commotions,  and  removing  some 
differences  fallen  out  amongst  the  nobihty,  his  majesty  had 
thought  it  expedient  to  interpose  himself  a  mediator ;  and  for 
the  better  working  of  a  union  amongst  them,  had  resolved 
to  make  his  residence  in  Perth  for  a  time,  till  he  saw  what 
good  effect  his  travails  might  produce.  And  lest  his  stay  in 
those  parts  should  be  interpreted  to  be  a  detention  of  his  per- 
son, because  of  the  noblemen  and  others  that  had  lately 
repaired  to  court,  his  majesty  declared,  that  it  was  his  own 
free  and  voluntary  choice  to  abide  there ;  and  that  the 
noblemen  and  others  who  did  presently  attend  had  done 
nothing  but  what  their  duties  obliged  them  unto,  and  which 
he  took  for  a  good  service  performed  both  to  himself  and  to 
the  commonwealth  :  therefore  inhibited  all  the  subjects  to 
attempt  any  thing  that  might  tend  to  the  disturbance  of  the 
realm;  commanding  them  also  that  had  levied  any  forces 
upon  pretext  of  his  majesty's  restraint,  to  dissolve  the  same 


292  THE  HISTORY  OF  THE  [  \.  D.   1582. 

within  six  hours  under  the  pain  of  death."  This  proclama- 
tion was  dated  at  Perth  the  twenty-eighth  of  August,  some 
six  days  after  the  surprise  of  his  person  at  Ruthven. 

The  duke  in  the  mean  time  was  gathering  forces,  and 
grown  to  be  strong  by  his  friends  and  others  that  repaired 
unto  him ;  when  a  letter  came  from  the  king,  signifying  that 
it  was  his  pleasure  he  should  leave  the  realm,  and  depart 
forth  thereof  before  the  twentieth  of  September.  The  letter 
he  communicated  to  his  friends,  who  did  all  advise  him  to 
retire  unto  Dumbarton,  where  he  might  with  more  safety 
stay  a  while,  and  if  he  found  not  an  opportunity  to  right  him- 
self, should  have  good  occasion  of  shipping  for  France.  When 
he  was  come  thither,  the  resort  of  noblemen,  barons,  and 
others  was  so  great  unto  him,  that  the  nobility  offending 
therewith,  directed  letters,  charging  him  to  live  more  private 
with  his  ordinary  retinue,  and  all  others  that  were  in  his 
company  to  return  to  their  houses  within  twelve  hours  after 
the  charge,  and  not  to  come  nigh  the  part  where  he  remained, 
or  should  happen  to  reside,  during  the  time  of  his  abode  in 
the  country. 

The  bruit  of  this  change  being  carried  to  England,  the 
queen  sent  Sir  Henry  Gary  and  Sir  Robert  Bowes  unto  the 
king,  to  advise  him,  in  regard  of  the  danger  he  was  fallen 
into  by  the  perverse  counsels  of  the  duke  and  earl  of  Arran, 
to  take  in  good  part  the  lords'  enterprise,  and  restore  the 
earl  of  Angus,  who  had  lived  exiled  in  England  since  the 
time  of  Morton's  execution.  This  last  they  obtained  with  no 
great  difficulty,  so  as  the  nobleman  was  soon  after  reconciled 
and  accepted  in  favour.  But  to  the  first  point,  the  king  hav- 
ing a  suspicion  that  the  attempt  was  not  made  without  the 
queen  of  England's  knowledge,  he  gave  good  general  answers, 
whereby  it  was  hoped  that  upon  the  nobleman's  good  be- 
haviour in  a  short  time  his  offence  would  be  mitigated.  The 
king  also  conceiving  that  a  gentle  usage  would  bring  them  to 
reconcile  with  the  duke  of  Lennox,  began  to  give  them  a  more 
gracious  countenance  than  before.  But  he  found  them  un- 
tractable,  and  not  without  great  instance  did  purchase  their 
consents  to  a  few  days'  prorogation  of  his  departing,  upon 
promise  that  he  should  be  pursued  as  a  rebel  if  he  went  not 
away  at  the  time  appointed,  wind  and  weather  serving.  Yet 
was  his  going  put  off  upon  divers  occasions  till  the  midst  of 


A.   D.   1582.]  CHURCH  OF  SCOTLAND,  293 

December,  at  which  time  he  was  forced  to  depart,  as  we  shall 
hear. 

The  lords  in  the  mean  while,  careful  to  strengthen  them- 
selves, brought  the  king  to  Halyrudhouse  in  the  beginning  of 
October ;  knowing  that  the  people  of  Edinburgh  did  affect 
their  enterprise;  as  appeared  by  the  reducing  of  John  Dury 
their  minister  immediately  upon  the  news  of  the  king's  re- 
straint, and  the  triumph  they  made,  singing  as  they  went  up 
the  street  the  hundred  and  twenty-fourth  psalm,  "  Now  Israel 
may  say,"  &c.  They  understood  also  that  the  Assembly  of 
the  Church  was  to  convene  in  the  same  town  the  ninth  of 
that  month,  and  doubted  not  to  find  them  favourable  enough. 
To  this  Assembly  Mr  William  Erskine  (styled  then  com- 
meudator  of  Paisley)  was  sent  by  the  noblemen,  to  declare 
that  the  causes  moving  them  to  that  enterprise  were  the 
evident  peril  they  perceived  the  religion  was  brought  unto, 
with  the  disorders  and  confusions  introduced  into  the  state  : 
whereof  having  discoursed  a  while,  he  came  in  end  to  desire 
the  Assembly's  approbation  of  their  proceedings,  as  that  which 
would  encourage  them  much,  and  dishearten  the  common  ad- 
versary. This  proposition  made,  first  it  was  voiced,  Avhether 
the  dangers  of  the  Church  and  disorders  of  State  were  such 
as  in  their  hearing  Avere  related ;  Avhich  being  affirmatively 
answered  by  the  whole  Assembly,  Mr  James  Lawson,  Mr 
David  Lindsay,  and  Mr  John  Craig,  were  appointed  to 
signify  unto  the  king  what  the  Assembly  had  found,  and  to 
reqmre  his  own  judgment  therein.  The  king,  esteeming  it 
most  sure  for  himself  to  temporize,  said,  "  That  he  believed 
religion  was  in  hazard,  and  indirect  courses  taken  to  overturn 
the  same,  wherewith  he  acknowledged  his  own  danger  to  be 
conjoined  ;  and  for  abuses  crept  into  the  commonwealth,  as 
they  were  too  many,  so  he  expected  that  all  good  subjects, 
and  they  for  their  own  parts,  would  help  to  remove  the 
same."  This  answer  returned  to  the  Assembly,  they  con- 
cluded an  act  in  this  form. 

"  Forasmuch  as  the  noblemen  and  others  joined  with  them 
in  the  late  action  of  reformation,  out  of  a  desire  to  have  the 
Church  and  whole  professors  of  the  true  rehgion  understand 
the  grounds  and  occasions  moving  them  to  repair  towards  the 
king's  majesty,  to  seek  redress  of  the  disorders  fallen  out  in 
the  commonwealth,  have  made  public  and  solemn  attestation 


294  THE  HISTORY  OF  THE  [a.  D.   1582. 

to  the  whole  Assembly,  that  the  motions  and  grounds  of  their 
enterprise  were,  and  are,  to  deliver  the  Church  of  God 
within  this  realm,  and  the  true  rehgion  therein  professed, 
from  the  evident  peril  and  danger  wherein  all  men  perceived 
the  same  to  stand  ;  as  likewise  to  guard  and  preserve  the  in- 
nocent person  of  the  king  his  majesty  and  estate,  being  in  no 
less  hazard  than  the  other,  and  to  remove  the  corruptions  and 
confusion  entered  into  the  body  of  the  commonwealth :  wherein 
as  they  are  well  persuaded  themselves  to  have  done  good 
service  to  God,  and  to  have  performed  their  duty  to  their 
sovereign  and  country,  so  they  wished  all  that  feared  God 
should  judge  and  esteem  well  of  their  action,  especiall}^  that 
the  brethren  of  this  Assembly  sliould  declare  their  good  liking 
and  approbation  thereof,  and  ordain  all  the  pastors  and  min- 
isters within  the  realm  to  pubhsh  in  their  particular  churches 
the  causes  and  grounds  moving  them  to  the  said  enterprise ; 
exhorting  all  noblemen,  barons,  and  other  faithful  subjects  to 
give  their  best  concurrence  and  assistance  thereto.  The 
Assembly,  having  weighed  the  said  desire  with  the  whole  cir- 
cumstances thereof,  have  in  the  fear  of  God,  after  mature 
dehberation,  resolved,  found,  and  voted,  no  man  gainsaying, 
that  not  only  the  Church  of  God  within  this  realm,  and  true 
religion  professed  in  the  same,  but  also  the  king  his  most 
noble  person  and  royal  estate,  were  and  stood  in  extreme 
danger  and  hazard,  besides  the  manifold  gross  abuses  that 
had  invaded  the  commonwealth,  before  the  late  enterprise, 
which  his  majesty  had  acknowledged  and  professed  to  the 
commissioners  of  the  present  Assembly :  And  that  therefore 
the  said  brethren  could  not  but  think  their  Honours,  employing 
themselves  hereafter  for  averting  the  like  dangers,  to  have 
done  good  and  acceptable  service  to  God,  their  sovereign, 
and  native  country ;  and  that  the  prosecution  thereof,  all 
partiality  set  aside,  will  be  acceptable  to  all  that  fear  God, 
and  tender  the  preservation  of  the  king's  person,  and  pros- 
perous estate  of  the  realm.  And  to  the  effect  the  same  may 
be  made  the  more  manifest  and  notorious,  it  is  thought  ex- 
pedient that  all  the  ministers  within  the  realm,  upon  the  first 
occasion,  shall  pubhcly  declare  unto  their  particular  flocks 
the  peril  wherein  the  Church  of  God  and  true  religion,  the 
king  his  most  noble  person  and  estate,  stood,  with  the  grounds 
that  moved  the  said  noblemen  unto  the  late  action,  recom- 


A.  D,   1582.]  CHURCH  OF  SCOTLAND.  295 

mending  the  same  to  the  consideration  of  all  good  subjects, 
exhorting  them,  as  tliey  tender  the  glory  of  God,  and  love 
the  preservation  of  the  king  and  country,  faithfully  to  con- 
cur and  join  with  the  said  noblemen  in  prosecuting  the  said 
grounds,  to  the  full  deliverance  of  the  Church,  and  perfect 
reformation  of  the  commonwealth.  And  if  any  should  be 
found  either  by  Avord  maliciously,  or  violently  by  way  of 
deed,  to  oppose  themselves  to  that  good  cause,  they  shall 
be  called  before  the  particular  elderships,  and  order  put  unto 
them  by  the  censures  of  the  Church  ;  and,  in  case  of  their 
wilful  and  obstinate  continuing  therein,  be  delated  to  the  king 
and  council,  to  be  punished  for  their  offence  civilly." 

This  act,  of  the  date  the  thirteenth  of  October  1582,  was 
published  in  all  the  churches  of  the  realm,  to  the  offence  of 
many  good  men,  who  were  grieved  to  see  a  bad  cause  thus 
coloured  and  defended.  But  the  lords,  knowing  that  this 
approbation  could  not  secure  them,  had  laboured  the  king  to 
convocate  the  Estates  for  the  same  purpose.  The  eighteenth 
of  the  same  month  being  appointed  for  their  meeting,  there 
came  to  the  convention  for  the  church  estate,  the  archbishop 
of  St  Andrews,  the  bishops  of  Dunkeld  and  Orkney,  the 
abbots  of  Dunfermline,  Newbottle,  Paisley,  Dryburgh, 
Cambuskenneth,  Culross,  Inchaffray,  Coldingham,  and 
Pittenweem.  Of  the  nobility,  there  were  present  the  earls  of 
March,  Erroll,  Marshal,  Bothwell  (who  some  few  months  be- 
fore returned  from  beyond  sea).  Mar,  Rothes,  Glencarne, 
Eglinton,  Gowrie,  and  Morton,  the  Lords  Lindsay,  Home, 
Ogilvy,  Herries,  Boyd,  Cathcart,  and  Sinclair.  But  from 
the  burghs  there  came  not  any  commissioners,  nor  could  they 
be  moved  to  countenance  that  action  in  any  sort ;  conceiving, 
as  it  fell  out,  that  how  soon  the  king  obtained  his  hberty,  he 
would  censure  and  condemn  the  fact  as  treasonable. 

To  these,  always,  that  convened,  the  king  had  a  speech 
much  to  this  effect :  "  That  of  all  the  vexations  he  had  tried 
since  his  acceptation  of  the  government  in  his  own  person, 
the  distraction  of  the  nobiUty  was  the  greatest,  and  at  the 
present  did  grieve  him  most ;  for  the  removing  whereof  he 
had  called  them  together,  and  expected  their  best  counsel 
and  help.  In  other  things,  he  said,  that  needed  reformation, 
he  would  be  willing  to  follow  their  advice."  One  of  the  lords, 
1  find  him  not  named,  made  answer,   "  That  the  dissensions 


296  THE  HISTORY  OF  THE  [a.  D.  1582. 

of  the  nobility  were  caused  chiefly  by  some  that,  having  his 
majesty's  ear,  did  abuse  his  favours,  ruhng  all  things  at 
their  pleasure,  and  disdaining  the  advice  of  other  fellow- 
counsellors."  Then  falling  into  particulars,  he  said,  "  That 
the  duke  of  Lennox  and  earl  of  Arran  had  misgoverned  all 
affairs,  and  brought  divers  abuses  into  the  state,  which,  un- 
less some  noblemen  had  taken  a  course  to  remedy  by  their 
repairing  to  his  majesty,  both  rehgion  and  state  in  a  short 
time  had  been  subverted."  After  this,  the  earls  of  Mar, 
Gowrie,  and  Glencarne,  who  had  been  the  chief  actors  in 
that  attempt,  rose  up,  and  having  declared  the  cause  which 
moved  them  to  take  that  action  in  hand,  did  humbly  offer  to 
submit  themselves  to  the  censure  of  his  majesty  and  the 
Estates  ;  and  thereupon  removing  themselves  forth  of  the  con- 
vention, it  was  found  and  declared,  "  That  in  their  repairing  to 
the  king  upon  the  twenty -second  of  August  last,  and  abiding 
with  him  since  that  time,  they  had  done  good,  thankful,  and 
necessary  service  to  the  king  and  country.  Also  that  their 
taking  of  arms,  making  of  conventions,  entering  in  conflicts, 
taking  and  detaining  of  prisoners,  contracting  of  leagues  and 
bonds,  and  all  other  deeds  done  by  them,  which  might  ap- 
pear to  be  against  his  majesty's  authority,  in  so  far  as  the 
same  was  done  without  his  highness's  warrant,  should  be  re- 
puted and  esteemed  good  service  done  to  the  king  and  state ; 
and  that  they  and  their  partakers  should  be  exonered  of  all 
action,  civil  or  criminal,  that  might  be  intended  against  them, 
or  any  of  them,  in  that  respect :  inhibiting  therefore  all  the 
subjects  to  speak  or  utter  any  thing  to  the  contrary,  under 
the  pain  to  be  esteemed  calumniators  and  dispersers  of  false 
rumoui's,  and  to  be  punished  for  the  same  accordingly." 

This  declaration  passed,  it  was  ordained  that  the  earl  of 
Arran  should  be  detained  in  the  castle  of  Ruthven  till  the 
duke  was  gone  out  of  the  realm,  after  which  he  should  be 
confined  on  the  north  of  the  water  of  Earn  :  and  that  four 
companies  should  be  levied  upon  the  pubhc  charges,  two  of 
horsemen  and  as  many  foot,  to  guard  the  king  and  noblemen 
who  did  attend  him,  till  the  present  troubles  were  quieted. 
Then  were  some  grievances  proponed  in  name  of  the  Church, 
but  these  were  laid  by  till  another  time,  the  lords  not  willing 
to  irritate  the  king  for  such  matters,  having  once  secured 
themselves. 


A.  D.   1582.]  CHURCH  OF  SCOTLAND.  297 

The  duke,  to  keep  the  word  which  the  king  had  given  for 
his  departing,  took  shipping  in  the  west  parts  about  the 
midst  of  October,  and  being  hindered  by  couti*ary  winds,  fell 
sick  at  sea.  The  king,  advertised  of  his  ill  disposition,  ad- 
vised him  to  travel  through  England  in  regard  of  the  winter 
season,  and  to  remain  at  Blackness  till  a  safe  conduct  was 
procured  from  the  queen.  He  had  not  stayed  many  days 
there,  when  a  rumour  was  raised,  as  was  thought,  by  his 
enemies,  that  he  was  to  be  brought  again  to  court,  and  the 
lords  turned  out,  or  used  with  more  violence.  This  made  a 
new  stir  ;  whereupon  the  Lord  Herries  was  sent  to  command 
him  to  begin  his  journey,  and  to  be  in  Berwick  the  twenty- 
second  day  of  December.  He  craved  to  see  the  king  and  be 
permitted  only  to  salute  him  ;  but  this  being  denied,  he  de- 
parted in  great  heaviness. 

In  the  beginning  of  January  two  ambassadors  arrived,  sent 
by  the  French  king,  the  one  named  Monsieur  la  Motte,  the 
other  Monsieur  Menevil :  La  Motte  came  by  England  (with 
vv-hom  came  alongst  Mr  Davidson,  ambassador  from  Queen 
Ehzabeth),  the  other  by  sea  ;  both  having  the  same  instruc- 
tions, which  were,  to  work  the  king's  liberty  in  the  best  sort 
they  could,  to  confirm  his  mind  in  the  love  he  bare  to  the 
French,  and  to  renew  the  purpose  of  association.  This  last 
business  was  set  on  foot  the  year  before,  and  almost  con- 
cluded in  this  sort :  "  That  the  Queen  of  Scots  should  com- 
municate the  crown  with  her  son,  and  both  be  joined  in  the 
administration  of  affairs  ;  that  so  he  might  be  acknowledged 
for  a  lawful  king  by  all  Christian  princes,  and  all  domestic 
factions  suppressed."  But  upon  the  duke's  sequestering  from 
court,  it  was  left  oft'  and  not  mentioned  again  till  now.  The 
Assembly  of  the  Church  in  the  last  meeting  had  made  this 
one  of  their  special  grievances,  and  complained  of  it  as  a 
most  wicked  practice.  And  now  the  ministers  of  Edinburgh, 
hearing  that  purpose  to  be  moved  of  new  by  the  French 
ambassadors,  declaimed  bitterly  against  them  in  their  ser- 
mons ;  especially  against  La  Motte,  who,  being  a  knight  of 
the  order  of  St  Esprit,  did  wear  the  badge  of  a  white  cross 
upon  his  shoulder.  This  they  called  "  The  badge  of  Anti- 
christ," and  him  "  The  ambassador  of  the  bloody  mur- 
derer," meaning  the  duke  of  Guise,  who,  they  said,  procured 
him  to  be  sent  hither. 


298  THE  HISTORY  OF  THE  [a    D.  1582. 

It  grieved  the  ambassadors  much  to  hear  these  outcries 
which  daily  were  brought  unto  them ;  but  perceiving  the 
king's  authority  not  able  to  restrain  the  liberty  which  the 
preachers  had  taken,  they  did  not  complain,  but  urged 
earnestly  their  dimission.  The  king,  desirous  to  entertain 
the  ancient  amity  betwixt  the  two  nations,  and  dimit  them 
with  some  contentment,  desired  the  magisti\ates  of  Edinburgh 
to  give  them  a  feast  before  their  parting.  To  impede  this 
feast,  the  ministers  did  on  the  Sunday  preceding  proclaim  a 
fast  to  be  kept  the  same  day  on  which  the  feast  was  ap- 
pointed ;  and  to  detain  the  people  at  church,  the  three  ordi- 
nary preachers  did  one  after  another  make  a  sermon  in  St 
Giles's  church,  without  any  intermission  of  time,  thundering 
curses  against  the  magistrates  and  other  noblemen  that 
waited  on  the  ambassadors  by  the  king's  direction  ;  nor 
stayed  their  folly  here,  but,  the  ambassadors  being  gone, 
they  pursued  the  magistrates  with  the  censures  of  the 
Church,  and  were  with  difficulty  enough  stayed  from  pro- 
ceeding with  excommunication  against  them,  for  not  observ- 
ing the  fast  they  had  proclaimed. 

Of  all  this  the  king  seemed  to  take  no  notice,  for  he  saw 
not  a  way  to  repress  these  disorders ;  and  much  perplexed 
he  was  with  the  report  of  the  duke  of  Lennox  his  death,  who, 
partly  of  grief,  partly  through  the  long  and  troublesome 
journey  he  made  in  that  cold  and  rainy  season,  contracted  a 
fever  at  his  coming  to  Paris,  whereof  after  a  few  days  he 
died.  Some  hours  before  his  expiring,  there  came  to  him 
a  priest  or  two,  to  do  their  accustomed  service  ;  whom  he 
could  not  admit,  professing  to  die  in  the  faith  of  the  Church 
of  Scotland,  and  to  keep  the  oath  he  had  given  to  the  king 
inviolate.  This  the  king  made  to  be  proclaimed  at  Edin- 
burgh, that  the  people  might  see  what  wrong  the  duke  had 
sustained  during  his  abode  in  the  realm,  by  the  uncharitable 
suspicions  both  of  ministers  and  others.  But  this  belongs  to 
the  year  following. 

Meanwhile  the  king  ceased  not  to  think  of  his  own  liberty, 
using  all  means  to  put  the  lords  that  attended  him  out  ()f  an 
opinion  that  he  had  any  meaning  to  free  himself.  And  the 
duke  being  gone,  whom  they  feared  most,  they  esteemed  the 
danger  the  less ;  for  Arran  was  not  well  loved  because  of  his 
violent  courses  ;  and  Morton,  who  had  the  greatest  follow- 


A.  D.  1582.]  CHURCH  OF  SCOTLAND.  299 

ing,  was  put  from  his  charge  in  tlie  borders,  and  the  same 
given  to  the  laird  of  Johnston.  The  king  had  hkewise  by 
their  advice  sent  Colonel  Stewart  and  Mr  John  Colvil  in  a 
joint  commission  to  the  Queen  of  England,  to  move  her  for 
restoring  the  lands  in  that  kingdom  which  appertained  to  his 
gi'andfather,  the  earl  of  Lennox,  and  the  Lady  Margaret  his 
grandmother,  together  with  the  by-run  profits  intromit- 
ted  by  the  treasurer  or  master  of  wards ;  as  hkewise  to 
communicate  unto  her  the  course  he  had  taken  for  quiet- 
ing the  realm,  and  to  desire  her  aid  and  assistance  therein. 
Some  instructions  besides  were  given  them  to  propone ;  as 
touching  the  king's  marriage,  the  matters  of  the  border, 
and  the  contracting  of  a  defensive  league ;  by  all  which 
they  held  themselves  secured  of  his  majesty's  favour.  But 
for  the  negotiation  it  sorted  to  no  effect,  by  the  contrary 
courses  the  two  commissioners  took  after  their  coming  to 
the  court  of  England.  The  king  foreseeing  the  same 
Avhen  they  were  first  employed,  had  moved  Mr  David 
Lindsay,  preacher  at  Leith  (a  man  wise  and  moderate),  to 
accompany  them  and  pacify  the  contentions  which  possibly 
might  arise  amongst  them ;  but  their  emulations  were  so 
great,  as  all  he  could  do  scarce  served  to  keep  them  from 
open  discord. 

Before  I  enter  upon  the  accidents  of  the  next  year,  the 
death  of  Mr  George  Buchanan,  which  happened  in  the  end 
of  September,  must  not  be  passed  ;  a  man  so  well  deservino- 
of  his  country,  as  none  more.  He  was  of  an  excellent  wit, 
and  learning  incomparable,  born  nigh  to  the  Highlands, 
within  the  parish  of  Killearn,  and  of  the  house  of  Drummakill. 
His  uncle  by  the  mother,  called  Herriot,  took  care  to  have 
him  trained  up  in  letters,  perceiving  his  inclination  to  be  set 
that  way,  wherein  he  profited  so  much,  as  he  went  beyond 
all  his  instructors ;  nature,  it  seems,  having  formed  him 
thereunto.  In  the  year  1539,  being  called  in  question  by 
the  Franciscan  friars  upon  a  malice  they  bare  him  for  some 
bitter  verses  written  against  them  and  their  profession,  which 
he  did  to  please  King  James  the  Fifth,  whom  they  had  in 
some  things  offended,  he  was  committed  as  suspected  of 
Lutheranism  ;  but  made  an  escape  to  France,  where  he  lived 
a  long  time,  and  became  acquainted  with  many  learned  men, 
with  which  that  country  did  then  abound.     His  paraphrase 


300  THE   HISTORY  OF  THE  [a.  D.   1583- 

of  the  psalms,  a  rare  work,  and  other  poems,  he  wrote  for 
most  part  whilst  he  stayed  abroad  ;  and  for  his  learning 
and  quick  ingene  was  admired  of  all  men.  Returning  into 
Scotland  about  the  year  1560,  after  he  had  professed  philo- 
sophy some  years  in  St  Leonard's  College  within  the  uni- 
versity of  St  Andrews,  he  was  chosen  to  attend  the  king, 
and  bring  him  up  in  letters.  In  his  age  he  applied  himself 
to  write  the  Scottish  history,  which  he  penned  with  such 
judgment  and  eloquence  as  no  country  can  show  a  better. 
Only  in  this  is  he  justly  blamed,  that  led  by  the  factions  of 
the  time,  and  to  justify  the  proceedings  of  the  noblemen 
against  the  queen,  he  went  too  far  in  depressing  the  royal 
authority  of  princes,  and  allowing  their  controlraent  by  sub- 
jects :  his  bitterness  also  in  writing  of  the  queen  and  troubles 
of  that  time  all  wise  men  have  disliked.  But  otherwise  no 
man  did  merit  better  of  his  nation  for  learning,  nor  thereby 
did  bring  to  it  more  glory.  He  died  in  a  great  age  at 
Edinburgh,  and  was  buried  in  the  common  burial-place, 
though  worthy  to  have  been  laid  in  marble,  and  have  had 
some  statue  erected  for  his  memory.  But  such  pompous 
monuments  in  his  life  he  was  wont  to  scorn  and  despise ; 
esteeming  it  a  greater  credit,  as  it  was  said  of  the  Roman 
Cato,  to  have  asked  "  why  he  doth  lack  a  statue,  than  to 
have  had  one,  though  never  so  glorious,  erected." 

The  summer  following  the  king  found  the  occasion  to  free 
himself  of  his  attenders.  For  being  at  Falkland,  and  pre- 
tending to  visit  his  uncle  the  earl  of  March,  who  did  then 
reside  in  the  abbey  of  St  Andrews,  after  he  had  taken  some 
httle  refreshment,  he  went  to  take  a  view  of  the  castle,  ac- 
companied with  Colonel  Stewart,  captain  of  the  guard,  to 
whom  he  had  communicated  his  purpose  ;  and  having  entered 
into  the  castle,  commanded  the  gates  to  be  shut,  and  those 
that  followed  to  be  excluded.  The  earls  of  Argyle,  Marshal, 
Montrose,  and  Rothes,  came  thither  the  next  morning,  and 
were  all  welcomed  by  the  king.  Of  the  noblemen  that  had 
waited  on  him  since  his  restraint  at  Ruthven,  only  the  earl 
of  Gowrie  was  admitted  into  the  castle  by  the  colonel's 
means ;  for  he  had  sometimes  followed  him  as  a  servant. 
The  earl  how  soon  he  came  in  presence  fell  on  his  knees, 
and  craving  pardon  for  the  fact  of  Ruthven,  did  humbly 
submit  himself  to  the  king's  mercy,  who,  after  he  had  checked 


A.  D.  1583.]  ciiuncH  of  Scotland.  301 

him  in  some  few  but  grave  speeches  for  his  ingratitude  to 
the  duke  of  Lennox,  accepted  him  in  favour,  upon  condition 
of  a  more  loyal  behaviour  in  time  coming. 

Some  few  days  the  king  abode  in  the  castle,  and  in  a 
council  kept  there  the  second  of  July,  made  choice  of  the 
earls  of  March,  Argyle,  Gowrie,  Marshal,  Montrose,  and 
Rothes,  to  remain  with  him,  as  noblemen  that  he  held  of  best 
judgment,  most  indifferent  and  freest  of  faction ;  the  rest  he 
commanded  to  retire  to  their  houses,  till  he  should  take 
farther  order.  In  the  same  meeting  was  Colonel  Stewart's 
service  approved,  and  a  proclamation  ordained  to  be  made, 
charging  all  the  subjects  to  contain  themselves  in  quietness, 
and  prohibiting  any  to  come  towards  court  accompanied  with 
a  greater  number  than  was  appointed  ;  to  wit,  fifteen  with 
an  earl,  as  many  with  a  bishop,  ten  with  a  lord,  and  as  many 
with  an  abbot  or  prior,  with  a  baron  six  ;  and  all  these 
commanded  to  come  in  a  peaceable  manner,  under  great 
penalties. 

Then  the  king,  to  show  himself  at  liberty,  went  to  Edin- 
burgh, and  from  thence  he  returned  to  Falkland,  then  to 
Perth,  where  he  remained  some  weeks.  Being  there,  the 
earl  of  Arran,  by  Gowrie 's  procurement,  was  brought  again 
to  court,  after  whose  coming  a  declaration  was  published  by 
the  king  to  this  effect. 

*'  We,  with  the  advice  of  the  lords  of  our  privy  council, 
having  thought  expedient  to  notify  unto  the  woild,  but  es- 
pecially to  all  our  good  and  loving  subjects,  our  true  mind 
touching  the  things  that  fell  out  in  the  year  past,  declare 
the  same  to  be  as  foUoweth.  That  is,  howsoever,  for  pre- 
serving of  public  quietness,  we  did  patiently  endure  the 
restraint  of  our  person  at  Ruthven,  with  the  secluding  of  our 
counsellors  from  us,  and  all  that  ensued  thereupon,  yet  did 
we  take  it  deeply  to  heart,  and  did  account  no  otherwise  of 
it  than  a  fact  most  treasonable,  attending  till  it  should  please 
God  to  restore  us  to  our  former  estate  and  liberty ;  which 
having  now  by  his  goodness  obtained,  to  make  known  our 
indifferent  disposition  towards  all  our  good  subjects,  and  that 
we  do  not  seek  the  harm  and  ruin  of  any  one  whomsoever, 
we  have  resolved  to  forgive  and  forget  all  offences  bygone, 
especially  that  which  was  committed  in  August  last,  and 
hath  been  since  that  time  strongly  maintained,  providing  the 


302  THE  HISTORY  OF  THE  [a.  D.   1583. 

actors  and  assisters  do  show  themselves  penitent  for  the 
same,  ask  pardon  in  due  time,  and  do  not  provoke  us  by 
their  unlawful  actions  hereafter  to  remember  that  attempt. 
WilUng  all  our  subjects,  by  the  example  of  this  our  clemency, 
(whereof  some  already  have  made  proof),  to  discharge  all 
quarrels  amongst  themselves,  and  not  to  malice  one  another 
for  whatsovever  cause  bygone,  all  which  we  will  have 
buried  in  oblivion  ;•  and  to  this  effect  have  ordained  publica- 
tion to  be  made  hereof  in  all  the  principal  burghs,"  &c. 

The  discontented  lords,  notwithstanding  of  this  declaration, 
were  still  convening,  and  making  the  best  provision  they 
could  for  their  own  surety.  For  at  Arran's  hand,  who  had 
now  the  disposing  of  all  things,  they  expected  no  good. 
The  king  hereupon  took  purpose  to  confine  some  of  the 
principals  in  several  countries,  and  to  commit  others  who 
were  reckoned  most  turbulent.  The  earl  of  Angus  was  con- 
fined beyond  Spey  ;  John  Livingstone  of  Dunipace  and 
Patrick  Drummond  of  Carnock,  in  the  country  of  Galloway  ; 
Lochleven  and  Buchan,  in  Inverness ;  the  master  of  Glammis, 
abbot  of  Dunfermline,  and  laird  of  Cleish,  were  charged  to 
enter  themselves  in  the  castle  of  Dumbarton ;  William,  com- 
mendator  of  Paisley,  in  Blackness  ;  and  Mr  John  Colvil, 
commanded  to  keep  ward  in  Edinburgh.  The  whole  (Angus 
only  excepted)  disobeying  the  charge,  were  denounced 
rebels ;  and  proclamations  made,  commanding  all  the  sub- 
jects to  be  in  readiness  for  resisting  the  practices  of  seditious 
subjects.  An  oath  also  was  taken  of  all  the  king's  domes- 
tics, that  they  should  not  keep  intelligence  with  any  of  the 
rebels  or  others  known  to  be  in  his  majesty's  malgrace. 
And  at  this  time  was  Mr  John  Maitland,  who  came  after- 
wards to  be  chancellor,  admitted  counsellor  of  estate. 

The  queen  of  England  being  advertised  of  this  altera- 
tion in  court,  sent  Sir  Francis  Walsingham,  her  principal 
secretary,  to  the  king,  to  challenge  him  for  breach  of 
promise  in  re-admitting  the  earl  of  Arran,  and  casting  off  the 
noblemen  who  had  maintained  his  authority,  and  hazarded 
their  lives  and  estates  in  defence  of  his  crown.  The  king 
answered,  "  That  he  was  a  free  prince,  and  in  ruhng  his 
affairs  might  follow  the  course  which  he  thought  to  be  most 
convenient ;  that  the  queen  would  not  take  it  well,  if  he  or 
any  other  should  direct  her  in  matters  that  concerned  her 


A.  D.   1583.]  CHURCH  OF  SCOTLAND.  303 

subjects  :"  and  for  the  promise  alleged,  he  said,  "  it  was 
made  in  time  of  his  restraint,  to  the  performance  whereof  he 
was  not  tied."  As  to  these  subjects  of  whom  the  queen  seemed 
so  careful,  he  said,  "  that  he  had  freely  offered  to  pardon 
them,  upon  the  acknowledgment  of  their  offence  and  promise 
of  amendment,  which  he  would  faithfully  observe  ;  expecting 
of  the  queen  his  sister  that  neighbourhood  which  became 
princes  Hving  in  amity  and  friendship,  and  that  she  would 
not  countenance  his  subjects  in  their  rebeUion." 

The  ambassador  replying,  "  Sir,  the  queen  my  mistress 
will  never  meddle  with  your  affairs,  but  to  work  your  good 
and  quietness  ;  yet  she  taketh  it  unkindly,  that  the  promises 
made  unto  her  are  so  lightly  regarded.  One  Holt  an 
English  Jesuit,  who  is  thought  to  have  a  hand  in  Throg- 
morton's  treason  that  was  of  late  detected,  being  in  your 
prison,  at  the  request  of  the  French  ambassador  was  per- 
mitted to  escape  ;  whereas  the  queen  my  sovereign  looked 
daily  to  have  liim  delivered  in  England,  as  was  promised." 
"  Nay,"  said  the  king,  "  it  was  not  promised  that  he  should 
be  delivered ;  but,  as  the  queen  did  answer  my  ambassadors, 
when  I  desired  Mr  Archibald  Douglas  to  be  rendered,  who 
is  known  to  be  guilty  of  my  father's  murder,  I  said  that 
the  man  was  charged  with  certain  suspicious  practices 
in  my  kingdom,  which  I  behoved  first  to  try  ;  and  if  the 
queen  had  been  pleased  to  have  delivered  my  subject  to 
me,  whom  I  had  more  than  reason  to  demand,  I  would 
have  made  no  delay  in  the  rendering  of  Holt.  But  for 
his  dimission,  or  my  connivance  at  his  escape,  there  is 
no  such  tiling  ;  and  if  you  know  or  can  learn  that  any 
indirect  means  have  been  used  for  letting  him  go,  the  trial 
and  punishment  of  the  doers  shall  clear  my  part."  This 
said,  the  ambassador  (who  was  a  most  worthy  and  discreet 
gentleman)  declaring  that  he  was  satisfied,  fell  to  speak  of 
the  preservation  of  peace  betwixt  the  two  kingdoms,  and 
of  a  new  league  to  be  made  with  the  queen ;  whereof  the 
king  did  show  a  good  liking,  and  in  these  terms  they  left 
for  that  time. 

In  October  next,  the  Church  Assembly  convened  at  Edin- 
burgh, where  great  regrets  were  made  and  presented  in 
certain  articles  to  the  king.  "  First,  they  complained  that 
the  benefit  of  pacification  was  extended  to  Mr  David  Chal- 


304  THE  HISTORY  OF  THE  [a.  D.   1583. 

mers,  a  professed  enemy  to  religion,  and  suspected  of  the 
murder  of  his  majesty's  father.  Next,  that  papists  were 
grown  too  i^imiliar  in  court,  and  namely  the  laird  of  Fintry, 
who  had  made  defection  from  the  true  religion,  in  which  he 
was  educated.  3.  That  Holt,  a  wicked  papist,  sent  to  the 
country  to  traffic  against  religion  and  the  state,  was  suffered 
to  escape,  and  no  trial  taken  of  the  workers  thereof.  4.  That 
his  majesty  seemed  to  favour  too  much  the  enemies  of  the 
truth  both  in  France  and  at  home.  5.  That  he  had  received 
in  his  service  men  of  dissolute  life,  and  who  had  never  given 
any  testimony  of  their  good  meaning  either  to  religion  or  the 
state  of  the  country ;  and  put  others  from  his  service  that 
were  known  to  be  zealous  in  God's  cause,  and  faithful  to  his 
majesty's  self  from  his  very  tender  age.  6.  That  since  his 
acceptation  of  the  government,  the  Church  had  received 
many  fair  promises  without  any  performance  ;  and  that,  to 
the  contrary,  the  liberties  and  privileges  thereof  were  daily 
infringed.  7.  That  the  thirds  were  set  in  tacks  or  leases,  in 
defraud  of  the  Church.  8.  That  abbacies  were  disponed 
against  the  Acts  of  Parliament,  and  no  care  taken  for  pro- 
vision of  the  ministers  that  served  at  the  churches  annexed. 
9.  That  spiritual  livings  were  conferred  on  children,  and 
erected  into  temporal  lordships.  10.  That  there  were  no 
punishments  for  incest,  adultery,  witchcraft,  and  the  like 
abominations.  11.  That  there  was  a  universal  murmur, 
that  no  man  could  be  assured  of  his  lands  and  life,  the  laws 
of  the  country  being  wholly  perverted.  12.  That  his  ma- 
jesty did  interpone  his  authority  to  stay  the  execution  of  the 
Church's  acts  in  matters  properly  ecclesiastical.  Lastly, 
they  regretted  the  division  of  the  nobihty,  one  part  seeking 
the  ruin  and  overthrow  of  another,  for  which  they  did  en- 
treat his  majesty  to  call  unto  himself  the  most  wise  and  in- 
different amongst  them,  and  by  their  advice  to  take  some 
moderate  course  for  uniting  the  hearts  of  all  good  subjects, 
to  the  maintenance  of  God's  truth,  the  preservation  of  his 
highness's  person  and  estate,  and  the  comfort  of  all  that 
were  grieved  at  the  present  division."" 

The  king,  desiring  to  give  the  Church  satisfaction,  made 
answer  the  next  day  to  all  these  particulars.  And  first, 
concerning  Mr  David  Chalmers,  he  said,  "  that  he  was  only 
forfeited  for  the  common  action  of  being  at  Langside  field, 


A.  D.  1583.]  cnuncH  of  Scotland.  305 

for  which  pardon  had  been  granted  to  many  ;  so  as  it  should 
not  be  thought  strange  to  give  him  the  hke  benefit,  especially 
at  their  request  who  had  moved  him  therein  ;  and  that  he 
no  ways  intended  to  grant  oversight  to  him  or  any  others 
that  should  be  found  culpable  of  his  father's  murder,  or  yet 
professed  themselves  adversaries  to  the  religion.  Touching 
Fintry,  he  said,  that  he  had  not  impeded  the  proceedings 
of  the  Church  against  him  or  any  other  popishly  affected, 
nor  had  he  been  countenanced  at  court,  if  the  ministers  of 
Edinburgh  had  not  testified  that  he  was  willing  to  conform. 
That  for  Holt's  escape  he  had  satisfied  the  English  ambas- 
sador, and  that  it  was  no  uncouth  thing  to  see  a  prisoner  de- 
ceive his  keepers.  Concerning  the  intelligence  he  kept  with 
foreign  princes,  for  the  entertaining  of  civil  peace,  that  he 
did  not  think  the  Assembly  would  disallow  it,  seeing  diversity 
of  religion  made  not  leagues  of  friendship  unlawful.  And 
that  they  should  meddle  with  the  choice  of  his  servants,  he 
held  it  strange  ;  this  he  hoped  they  would  remit  to  himself, 
and  not  to  be  too  curious  in  examining  the  occasions  of  their 
placing  or  displacing.  And  where  they  complained,  that 
since  his  accepting  of  the  government,  the  hberties  of  the 
Church  had  been  infringed,  he  said,  that  since  that  time 
more  good  and  profitable  laws  had  been  made  for  the  ad- 
vancement of  true  religion  than  ever  before ;  and  if  any 
thing  lacked  in  the  execution,  the  fault  was  not  his.  For 
that  which  concerned  the  Church  rents,  he  answered,  that 
those  things  must  be  helped  in  parliament,  and  that  he  should 
assist  the  reformation  thereof  at  his  power.  As  to  the  pun- 
ishment of  the  abominations  mentioned,  that  the  fault  could 
not  be  imputed  to  him,  since  he  was  willing  to  give  commis- 
sion to  such  as  the  ministers  should  judge  most  fit  for  the 
execution  of  laws.  And  for  ecclesiastical  acts  which  his 
authority  was  said  to  impede,  he  knew  none  of  late,  only  he 
had  staid  the  remove  of  Mr  Alexander  Arbuthnot  from  the 
college  of  Aberdeen  to  be  minister  of  St  Andrews ;  which, 
being  rightly  considered,  would  not  be  found  prejudicial  to 
the  Church,  nor  impertinent  for  him  to  deal  in.  Lastly,  for 
the  murmur  of  people,  perverting  of  laws,  and  difference 
amongst  the  nobility,  his  majesty  said,  that  he  was  ready  to 
hearken  to  any  good  advice  for  reformation  of  that  which 
should  be  found  amiss." 

VOL.  II.  20 


306  THE  HISTORY  OF  THE  [a.  D.   1583. 

The  answers  were  all  most  reasonable,  and  proceeding 
from  the  king,  ought  to  have  been  well  taken  ;  but  the  dis- 
content they  had  received  for  the  late  change  in  court  made 
everything  distasteful,  and  still  the  displeasure  betwixt  the 
king  and  Church  did  grow,  as  we  shall  hear. 

In  the  beginning  of  November,  Lodowick  (eldest  son  to 
the  late  duke  of  Lennox)  arrived  at  Leith,  and  was  conveyed 
by  the  earls  of  Huntly,  Crawford,  and  Montrose  to  the  king, 
who  lay  then  at  Kinneill.  Soon  after  the  advertisement  of 
the  nobleman's  death,  the  king  had  sent  the  master  of  Gray 
into  France,  to  bring  home  all  his  children ;  but  Lodowick 
excepted  (who  then  was  thirteen  years  of  age),  the  rest  were 
young,  and  not  able  to  endure  so  long  a  journey.  The  king 
receiving  him  Avith  great  expressions  of  love,  did  presently 
invest  him  in  his  father's  lands  and  honours,  committing  the 
trust  of  his  affairs  to  the  earl  of  Montrose,  till  he  should  grow 
up  to  maturity.  For  his  education  in  letters,  Mr  Gilbert 
Moncricff,  the  king  his  principal  physician,  was  appointed  to 
attend  him,  a  man  wise  and  of  good  learning.  Some  years 
after,  two  of  his  sisters  were  brought  into  the  country :  Hen- 
rietta the  eldest  was  married  to  George  earl  of  Huntly, 
Mary,  the  younger  of  the  two,  to  John  earl  of  Mar.  To 
the  third  the  king  had  provided  an  honourable  match,  but 
she  having  vowed  herself  to  God,  would  not  be  won  from 
the  cloister  by  any  persuasion.  A  younger  son  came  to  the 
king,  after  he  went  into  England,  and  was  by  him  advanced 
to  great  honours.  Thus  the  untimely  loss  of  their  father 
did  turn  to  the  children's  benefit,  by  the  constant  and  un- 
matchable  kindness  of  a  loving  king. 

In  the  country,  matters  grew  daily  more  and  more  troubled. 
Those  that  disobeyed  the  charges  given  them  for  entering 
in  ward,  pretended  the  time  assigned  for  their  entry  to  have 
been  so  short,  and  the  distance  of  the  place  so  great,  as  there 
was  no  possibility  in  them  to  obey;  yet  underhand  they 
were  still  seeking  to  strengthen  themselves,  and  associate 
others  to  be  of  their  faction.  To  take  from  them  this  pre- 
text, the  first  of  December  was  allowed  them  for  their 
entering  in  ward,  and  so  many  as  should  find  surety  to  obey, 
had  favour  promised  them.  The  laird  of  Braid,  Colluthy, 
Mr  David  Lindsay,  and  Mr  Andrew  Hay,  were  licensed 
also  to  confer  with  tliem,  and  with  all  that  had  any  part  in 


A,  D.   1588.]  CHURCH  OF  SCOTLANL*.  307 

the  attempt  of  Ruthven,  for  informing  them  of  his  majesty's 
gracious  inclination  towards  all  of  that  number  who  should 
acknowledge  their  offence,  and  live  obedient  and  peaceably 
from  thenceforth.  But  little  or  nothing  was  wrought  this 
way  ;  whereupon  the  king  took  purpose  to  convene  the 
Estates  the  seventeenth  of  December  :  and  having  exponed 
his  whole  proceedings  in  that  business,  an  act  was  passed  by 
a  universal  consent,  of  this  tenor. 

"  Albeit  the  late  surprise  and  restraint  of  our  person,  per- 
petrated in  August  bygone  a  year,  was  a  crime  of  Icescc 
majestatis,  heinous  in  itself,  of  dangerous  sequel,  and  most 
pernicious  example,  meriting  the  more  severe  punishment, 
because  the  committers  thereof  for  the  most  part,  besides  the 
allegiance  and  common  duty  of  subjects,  were  specially  bound 
to  us  by  particular  favours  and  benefits  bestowed  on  them, 
yet,  out  of  our  natural  disposition  to  clemency,  we  resolved 
to  reduce  them  by  all  gentle  means  to  their  duties,  and  not 
only  forbore  to  use  them  with  rigour,  but  made  offer  of  par- 
don and  mercy  to  such  as  would  acknowledge  their  offence, 
and  continue  thereafter  in  a  dutiful  obedience ;  satisfying 
ourselves  with  that  moderate  declaration  which  tended  not 
in  any  sort  to  their  detriment,  and  prorogating  days  and 
months,  to  see  what  they  would  perform.  Hereof  we  gave  ' 
our  promise  to  the  queen  of  England,  which  was  certified  to 
them  by  divers,  and  of  late  by  certain  ministers  and  well- 
disposed  gentlemen,  whom  we  licensed  to  confer  with  them, 
for  persuading  them  of  our  sincere  meaning,  behaving  our- 
selves in  all  this  as  a  kind  father  that  seeketh  to  recover  his 
children,  and  not  as  a  prince  that  respected  his  estate.  But 
our  lenity  not  having  produced  the  effects  which  we  wished, 
we  took  counsel  to  assemble  our  Estates,  and  make  them 
witnesses  of  our  clemency,  whatsoever  might  happen  to  their 
persons  hereafter :  and  now  by  their  advice  we  have  de- 
termined to  prosecute  with  all  rigour  such  of  that  number  as 
shall  continue  in  their  disobedience,  and  shall  not  embrace 
the  offers  of  pardon  made  unto  them.  In  the  execution 
Av hereof,  our  nobility  and  Estates  convened  have  solemnly 
promised  their  assistance,  and  for  the  greater  authority  both 
we  and  our  said  Estates  have  subscribed  this  act  Avith  our 
hands.  Farther,  by  their  advice,  we  have  ordained,  and  or- 
dain the  act  of  council  past  in  October  1582,  touching  the 


308  THE  HISTORY  OF  THE        [a.  D.  1583. 

attempt  at  Ruthven,  to  be  delete  forth  of  the  books,  inhib- 
iting all  and  sundry  of  whatsoever  estate,  quality,  and  degree, 
to  allow  by  word,  writing,  or  otherwise,  the  foresaid  fact, 
which  we  (being  now  at  liberty)  and  our  Estates  have  so 
publicly  condemned." 

This  act  made,  the  earl  of  Rothes  protested,  that  his  sub- 
scription to  the  act  in  October  1582,  approving  the  attempt 
of  Ruthven  for  good  service,  should  not  be  laid  to  his  charge, 
seeing  he  did  the  same  unwillingly,  and  by  his  majesty's 
special  command  and  direction,  likeas  soon  after  the  com- 
mitting of  the  fact  he  had  testified  his  dishke  thereof.  The 
king,  acknowledging  the  same  to  be  of  truth,  made  his  prot- 
estation to  be  admitted.  Then  began  all  the  faction  to  fall 
asunder,  every  man  suing  his  pardon  ;  which  was  granted, 
upon  condition  they  should  depart  forth  of  the  realm,  and 
not  return  without  his  majesty's  license.  The  earl  of  Mar, 
the  master  of  Glammis,  with  the  abbots  of  Dryburgh  and 
Cambuskenneth,  went  unto  Ireland  ;  the  Lord  Boyd,  Loch- 
leven,  and  Easter  Wemyss,  unto  France ;  others  of  the 
meaner  sort  were  confined  within  certain  bounds.  The  earl 
of  Gowrie,  notwithstanding  he  was  reconciled  to  Arran, 
fearing  to  be  troubled,  obtained  license  to  go  into  France  ; 
but  whilst  he  delays  to  go,  and  putteth  off  his  journey  from 
day  to  day,  he  falleth  into  new  practices,  Avhich  brought  him 
unto  his  end. 

The  rest  of  the  winter  was  quiet,  but  now  and  then  the 
court  was  kept  in  exercise  by  the  sermons  of  some  preachers, 
who  were  therefore  called  in  question.  John  Dury,  minister 
at  Edinburgh,  had  in  one  of  his  sermons  justified  publicly  the 
fact  of  Ruthven ;  for  which  being  cited  before  the  council, 
he  stood  to  the  defence  of  that  he  had  spoken ;  yet,  after 
advice  taken  with  Mr  James  Lawson  his  colleague,  he  was 
moved  to  submit  himself  to  the  king,  who  continued  the 
declaration  of  his  pleasure,  till  he  had  proof  of  his  better  be- 
haviour. The  business  with  Mr  Andrew  Melvill  was 
greater ;  for  he  being  cited  to  answer  for  certain  speeches 
uttered  by  him  in  a  sermon  preached  at  St  Andrews,  de- 
clined the  judgment  of  the  king  and  council,  affirming,  "  That 
what  was  spoken  in  pulpit  ought  first  to  be  tried  and  judged 
by  the  presbytery ;  and  that  neither  the  king  nor  council 
might,  in  prima  instantia,  meddle  therewith,  though  the 


A.  1).   1584.]  CHURCH   OF  SCOTLAND,  309 

speeches  were  treasonable."  When  by  no  persuasion  he 
could  be  induced  to  submit  himself,  and  that  the  king  and 
council,  finding  themselves  judges,  did  proceed  to  examine 
the  witnesses,  he  burst  forth  in  undutiful  speeches  against 
the  king,  saying,  "  He  perverted  the  laws  both  of  God  and 
man."  Which  unrevei'ent  words  proceeding  from  a  divine, 
in  whom  moderation  and  humility  should  chiefly  have  ap- 
peared, did  greatly  oft'end  the  council.  Thereupon  was  he 
charged  to  enter  his  person  in  Blackness  within  the  space  of 
ten  hours ;  but  instead  of  obeying,  he  turned  his  back,  and 
fled  that  night  unto  Berwick.  Then  did  all  the  pulpits 
sound,  and  every  day  were  the  ministers  exclaiming,  "  That 
the  light  of  the  country  for  learning,  and  he  that  was  only 
most  fit  to  resist  the  adversaries  of  religion,  was  exiled,  and 
compelled  for  safety  of  his  life  to  quit  the  kingdom." 

Pity  it  is  to  think  how  the  king  was  then  used  ;  for  though 
he  cleared  himself  by  proclamations,  showing  that  the  man's 
flight  was  voluntary,  and  that  he  meant  not  to  have  used 
him  with  any  rigour,  yet  nothing  was  beheved,  and  every- 
where people  began  to  stir.  Hereupon  charges  were  directed, 
commanding  those  who  had  obtained  leave  to  depart  out  of 
the  realm  to  use  the  benefit  of  their  licenses,  and  inhibiting 
all  intelligence  by  letters  or  otherwise  with  those  that  were 
already  gone.  This  wrought  not  much ;  only  made  those 
that  travelled  to  and  fro  with  advertisements  the  more  wary 
and  circumspect.  The  earl  of  Gowrie,  to  liberate  himself  of 
suspicion,  came  to  Dundee,  and  conducing  a  ship,  gave  out 
that  he  would  forthwith  depart ;  yet  still  he  lingered,  at- 
tending the  return  of  the  earl  of  Mar  and  the  master  of 
Glammis  from  Ireland,  at  which. time  he  and  others  of  that 
faction  were  to  join  and  take  arms  for  reformation  of  abuses, 
the  securing  of  religion,  and  preservation  of  the  king  his 
person  and  estate ;  for  that  was  made  the  pretext. 

The  king,  having  notice  given  him  of  these  practices,  sent 
Colonel  Stewart,  captain  of  the  guard,  to  apprehend  the 
earl  of  Gowrie,  who  was  suspected  because  of  his  lingering. 
The  colonel  coming  upon  him  unexpected  as  he  lay  in  the 
house  of  William  Drummond,  burgess  of  Dundee,  he  made 
to  defend  the  lodging,  and  stood  to  it  some  space ;  but  the 
town  concurring  with  the  captain,  he  was  forced  to  yield, 
and  the  next  day  conveyed  to  Edinburgh,  and  committed  to 


310  THE  HISTORY  OF  THE  [a.  D.   1584. 

the  custody  of  Arran.  A  night  or  two  after,  the  earls  of 
Angus  and  Mar,  with  some  of  their  friends  and  followers, 
surprised  the  town  and  castle  of  Stirling,  intending  there  to 
fortify  themselves ;  but  the  sudden  expedition  which  the  king 
made  compelled  them  to  flee  into  England,  and  leave  the 
castle  victualled  for  some  days,  and  in  it  a  few  gentlemen 
whom  they  promised  to  relieve.  Such  a  readiness  the  king 
found  in  his  subjects  at  that  time,  as  upon  a  short  warning  a 
greater  army  and  better  appointed  was  in  no  man's  memory 
known  to  have  been  assembled.  The  town  of  Edinburgh 
showed  a  great  forwardness ;  for  both  they  advanced  moneys 
to  levy  soldiers,  and  put  divers  of  their  own  inhabitants  in 
arms  to  attend  the  king.  It  was  the  nineteenth  of  Api'il 
when  knowledge  was  given  first  of  the  taking  of  Stirling,  and 
before  the  twenty-fourth  all  the  army  was  in  readiness  to 
march.  The  same  day  advertisement  came  of  the  rebels' 
flight ;  whereupon  the  wardens  and  keepers  of  the  marches 
were  directed  to  pursue  them.  The  king  himself  with  the 
army  marching  towards  Stirling,  Alexander,  master  of  Liv- 
ingstone, was  sent  to  enclose  the  castle,  which  yielded  upon 
the  hearing  of  his  majesty's  approach,  and  was  delivered  in 
keeping  to  the  earl  of  Arran. 

The  earl  of  Gowrie,  after  he  had  been  kept  some  days  in 
Kinneill,  was  brought  to  Stirling.  Before  his  transporting 
from  Edinburgh,  the  earl  of  Montrose,  the  Lord  Down,  and 
Sir  Robert  Melvill  were  directed  to  examine  him,  and  hopes 
given  that  he  should  find  favour  if  he  would  discover  the 
conspiracy,  and  what  the  rebels  had  intended  to  do.  He, 
upon  promise  that  what  he  declared  should  not  be  made  an 
indictment  against  himself,  disclosed  all  the  plot,  setting 
down  the  same  with  his  own  hand  as  followeth. 

"  Perceiving  his  majesty's  favour  altered  towards  me,  by 
misreport  of  my  unfriends,  and  my  life  and  my  living  aimed 
at,  I  was  of  necessity  forced  to  seek  my  relief  by  concurring 
with  others  of  the  nobility  who  laboured  to  secure  themselves 
and  their  estates.  And  hearing  that  there  was  some  trafilck- 
ing  betwixt  the  noblemen  in  Ireland  and  others  at  home,  I 
used  all  means,  though  I  was  suspected  by  them,  to  know 
what  their  courses  and  hopes  were.  After  some  diligence  I 
made  that  way,  I  met  with  Mr  James  Erskine,  who  travelled 
to  and  fro  betwixt  them.     And  he  at  first  obscured  himself 


A.  D.  1584,]  CHURCH  OF  SCOTLAND.  311 

from  me,  and  would  not  be  plain,  till  I  promised  ray  assist- 
ance ;  then  he  showed  me  that  he  had  been  with  the  earl  of 
Angus,  whom  he  found  cold,  and  in  some  hope  to  make 
address  for  himself,  and  so  less  careful  of  their  relief  who 
were  absent.  Yet  he  believed,  if  the  nobleman  saw  any 
good  concurrence  of  others,  he  would  give  his  assistance ; 
but  refused  to  deal  in  these  matters,  till  they  should  return, 
and  things  be  determined  with  a  common  consent.  This  I 
likewise  thought  fittest ;  but  in  the  mean  time  I  prepared  to 
depart,  and  would  have  been  gone,  if  contrary  winds  had  not 
stayed  me.  The  same  gentleman  came  afterwards  unto  me, 
and  showed  that  they  were  returned,  and  would  shortly  be 
seen  at  Stirling.  This  moved  me  to  remain,  albeit  doubting 
of  a  sufficient  concurrence  of  noblemen.  I  was  not  resolved 
what  course  to  take,  and  lay  in  a  careless  security  at  Dun- 
dee, more  inclined  to  go  than  to  stay.  I  protest  always  be- 
fore God,  that  I  never  heard  nor  was  in  counsel  of  any  plot 
against  his  majesty's  person,  crown,  or  estate,  but  only 
studied  to  keep  myself  from  ruin  by  the  assistance  of  others. 
At  our  meeting  together,  unto  which  time  all  was  deferred, 
it  was  thought  that  a  course  should  be  taken  by  common  ad- 
vice for  securing  ourselves  in  his  majesty's  favour.  And 
whereas  I  am  asked  what  noblemen  were  privy  to  the  enter- 
prise, and  what  was  looked  for  from  England,  I  will  truly 
declare  all,  upon  the  firm  assurance  I  have  of  his  majesty's 
clemency.  At  home  it  was  expected,  that  all  those  who  sub- 
scribed the  bond  in  that  first  alteration  would  join  themselves 
with  us,  and  besides  those  divers  others ;  namely,  the  earls 
of  Marshal  and  Bothwell,  with  the  Lord  Lindsay,  and  some 
of  the  west  parts.  So  it  was  affirmed  to  me,  but  how  truly  I 
cannot  say.  From  England  we  expected  a  supply,  but  no 
certain  time  was  appointed ;  and  it  was  said,  that  the  queen 
minded  to  intercede  for  restitution  of  the  Hamiltons,  if  she 
found  the  king  tractable.  This  is  all  I  know,  and  if  there 
be  any  other  particular  tending  to  his  majesty's  well  or  hurt 
which  I  do  not  at  the  present  remember,  I  shall  plainly  re- 
veal the  same,  whosoever  be  offended  therewith." 

At  his  coming  to  Stirling  he  sent  to  the  king  a  letter 
penned  in  this  form.  "  Please  your  majesty,  it  is  neither 
diffidence  nor  despair  of  your  highness'  favour  and  clemency 
towards  me,  nor  any  desire  I  have  to  live  in  this  world,  that 


312  tiip:  history  of  the  [a.  d.  1584. 

moves  me  to  require  some  short  audience  of  your  majesty. 
But  there  is  a  purpose  of  weighty  importance,  which  I  de- 
sire to  impart  unto  your  highness,  which  might  have  endan- 
gered the  Hfe  and  estate  of  your  mother  and  yourself,  if  I 
had  not  stayed  and  impeded  the  same,  the  reveahng  whereof 
may  avail  your  majesty  more  than  the  lives  and  living  of 
five  hundred  such  as  myself.  Most  humbly  therefore  I 
beseech  your  highness  that  my  petition  may  be  granted.  I 
assure  myself  of  your  majesty's  gracious  answer.  Stirling 
the  last  of  April,  1584."  In  a  postscript  this  was  added, 
"  The  matter  I  have  to  speak  is  not  the  concealing  of  treason, 
but  the  revealing  of  a  benefit." 

This  petition  was  denied,  and  the  same  made  a  part  of  his 
indictment :  for  being  brought  to  his  trial  the  fourth  of  May, 
Mr  John  Graham  sitting  as  justice,  and  assisted  by  Sir  John 
Gordon  of  Lochinvar;  Alexander  master  of  Livingstone, 
Alexander  Bruce  of  Airth,  and  James  Edmonstone  of  Dun- 
treath,  he  was  indicted  of  four  points.  First,  that,  in  the 
beginning  of  February,  Mr  David  Home,  servant  to  the  earl 
of  Mar,  came  to  him  privately  in  the  town  of  Perth,  under 
silence  of  night,  and  communicated  to  him  the  treasonable 
device  of  surprising  the  burghs  of  Perth  and  Stirling,  at  least 
of  one  or  other  of  them ;  and  that  he  agreed  to  the  taking 
and  fortifying  of  the  said  towns  ;  whereby  he  had  incurred 
the  crime  of  treason,  as  well  in  concealing,  as  consenting  to 
that  wicked  purpose.  2.  That  understanding  Mr  James 
Erskine  to  be  a  trafficker  betwixt  Mar,  Angus,  and  others,  he 
did  belay  the  ways,  to  the  end  he  might  speak  with  him,  and 
after  meeting  kept  conference  with  him  touching  the  surprise 
of  the  castle  of  Stirling,  and  the  furnishing  thereof  with  men 
and  munition.  3.  That  being  charged  in  Dundee  by  his 
majesty's  letters  to  render  himself  to  the  Lord  Pittenweem, 
his  majesty's  chancellor,  and  captain  of  his  highness'  guard, 
he  did  enter  into  the  house  of  William  Drummond,  burgess 
of  Dundee,  and  with  his  complices  defended  the  same  by  the 
space  of  six  hours,  making  exclamations  to  the  people  that 
he  was  pursued  for  religion,  and  desiring  them  to  aid  and 
assist  him.  4.  That  he  being  obliged  to  maintain  his  ma- 
jesty's person,  life,  honour,  and  crown,  and  having  intelhgence 
of  a  most  weighty  purpose  that  concerned  the  life  and  estate 
of  the  king  and  the  queen  his  mother,  he  had  treasonably 


A.  D.   1584.]  CHURCH   OF  SCOTLAND.  313 

concealed  the  same,  and  did  as  yet  keep  up  the  specialties 
thereof;  albeit  he  professed  he  knew  it  so  perfectly,  that  in 
his  letter  written  to  the  king  he  saith,  that  it  had  not  failed  to 
have  taken  effect,  if  he  had  not  stayed  and  impeded  the  same. 

The  indictment  read,  he  first  excepted  against  Lochinvar, 
that  he  could  not  be  assessor  to  the  justice  in  his  trial  in  re- 
gard of  the  deadly  enmity  betwixt  Gartland  (who  had  married 
his  lady's  sister)  and  him.  This  exception  was  repelled,  be- 
cause the  propinquity  alleged  was  only  affinitas  affinitatis. 
Then  he  complained  that  the  noblemen  who  were  sent  to 
examine  him  had  not  kept  their  word,  having  promised,  that 
whatsoever  he  confessed  should  not  be  laid  to  his  charge.  It 
was  answered,  that  the  noblemen's  word  could  not  warrant 
him.  Thirdly,  he  said,  that  being  indicted  for  treason,  he 
ought  to  have  been  cited  upon  forty  days,  and  a  delation 
made  by  some  accuser,  which  was  not  observed.  The  advo- 
cate replied,  that,  in  matters  of  treason,  the  king  might 
arrest  any  person  upon  the  space  it  pleased  him.  Fourthly, 
he  alleged  the  license  granted  him  to  depart  the  country. 
This  was  found  nought,  except  he  did  therewith  produce  a 
respite  or  remission.  To  the  last  point  of  the  indictment  he 
said,  that  what  he  offered  to  reveal  tended  to  his  majesty's 
benefit  if  he  had  vouchsafed  him  hearing,  and  was  no  matter 
of  treason.  It  was  answered,  that  the  concealing  of  that 
Avhich  might  tend  to  the  hurt  of  the  king's  Hfe  and  his 
mother's  was  treason. 

So  the  indictment  was  found  relevant,  and  the  persons  of 
the  jury  called.  These  were,  Colin  earl  of  Argyle,  David 
earl  of  Crawford,  John  earl  of  Montrose,  James  earl  of  Glen- 
carne,  Hugh  earl  of  Eglinton,  James  eai-1  of  Arran,  George 
earl  of  Marshal,  Alexander  lord  Seaton,  Hugh  lord  Som- 
erville,  James  lord  Down,  William  lord  Livingstone, 
Patrick  lord  Drummond,  James  lord  Ogilvy,  Alexander 
master  of  Elphingston,  and  John  Murray  of  Tullibardine. 
They  retiring  themselves,  as  the  custom  is,  and  returning 
within  a  short  space,  pronounced  him  guilty ;  whereupon 
sentence  was  given,  that  he  should  be  taken  to  the  market- 
cross,  have  his  head  cut  off,  and  be  dismembered  as  a  traitor. 
The  last  part  thereof  was  dispensed,  and  he  in  the  evening 
beheaded.  His  servants  were  permitted  to  take  the  head 
with  the  body,  and  burv  it.    This  was  the  end  of  that  noble- 


314  THE  HISTORY  OF  THE  [a.  D.  1584. 

man,  who  in  his  life  was  much  honoured,  and  employed  in 
the  chief  offices  of  court :  a  man  wise,  but  said  to  have  been 
too  curious,  and  to  have  consulted  with  wizards  touching  the 
state  of  things  in  future  times ;  yet  was  he  not  charged  with 
this,  nor  seemed  he  to  be  touched  therewith  in  his  death, 
which  to  the  judgment  of  the  beholders  was  very  peaceable 
and  quiet.  He  was  heard  to  make  that  common  regret  which 
many  great  men  have  done  in  such  misfortunes,  "  That  if  he 
had  served  God  as  faithfully  as  he  had  done  the  king,  he 
had  not  come  to  that  end  ;"  but  otherwise  died  patiently,  with 
a  contempt  of  the  world,  and  assurance  of  mercy  at  the  hands 
of  God. 

The  same  day  Archibald  Douglas  (called  the  constable), 
and  Mr  John  Forbes,  servant  to  the  earl  of  Mar,  were  exe- 
cuted. The  rest  who  were  taken  in  the  castle  had  their 
lives  spared,  and  were  banished  the  country ;  and  David 
Home  of  Argaty,  and  one  John  Shaw,  were  pardoned. 

The  king  after  this  returned  to  Edinburgh,  where  he  gave 
order  for  charging  the  houses  of  the  fugitive  lords  and  their 
friends;  and  upon  information  made  that  certain  of  the 
ministry  had  dealing  with  the  rebels,  summons  were  directed 
to  charge  Mr  Andrew  Hay,  parson  of  Renfrew ;  Mr  Andrew 
Polwart,  subdean  of  Glasgow  ;  Mr  Patrick  Galloway,  and 
Mr  James  Carmichael,  ministers ;  to  compear  before  the 
council.  Mr  Andrew  Hay  compeared,  and  nothing  being 
qualified  against  liim,  was  upon  suspicion  confined  in  the  north. 
The  other  three  not  compearing  were  denounced  rebels,  and 
fled  into  England. 

The  pai^iaraent  declared  current  at  the  time,  for  the  more 
speedy  despatch  of  business,  convened  the  twenty-second  of 
May.  In  it  his  majesty's  declaration  concerning  the  attempt 
of  Ruthven  was  ratified ;  the  king  his  authority  over  all  per- 
sons in  all  causes  confirmed ;  the  declining  of  his  majesty's 
judgment  and  the  council's  in  whatsoever  matter  declared  to 
be  treason ;  the  impugning  of  the  authority  of  the  three 
Estates,  or  procuring  the  innovation  or  diminution  of  the 
power  of  any  of  them,  inhibited  under  the  same  pain ;  all 
jurisdictions  and  judicatories,  spiritual  or  temporal,  not  ap- 
proved of  by  his  highness  and  the  three  Estates,  discharged ; 
and  an  ordinance  made,  "  that  none,  of  whatsoever  function, 
quality,  or  degree,  should  presume  privately  or  publicly,  in 


A.  D.   1584.]  CHURCH  OF  SCOTLAND.  315 

sermons,  declamations,  or  familiar  conferences,  to  utter  any- 
false,  untrue,  or  slanderous  speeches,  to  the  reproach  of  his 
majesty,  his  council  and  proceedings,  or  to  the  dishonour, 
hurt,  or  prejudice  of  his  highness,  his  parents  and  progenitors, 
or  to  meddle  in  the  affairs  of  his  highness  and  estate,  under 
the  pains  contained  in  the  acts  of  parliaments  made  against 
the  makers  and  reporters  of  lies." 

Whilst  these  statutes  were  in  framing,  the  ministers,  who 
were  informed  thereof,  to  work  at  least  a  delay,  sent  Mr 
David  Lindsay  to  entreat  the  king  that  nothing  should  pass 
in  act  concerning  the  Church,  till  they  were  first  heard. 
Arran  getting  intelligence  of  this,  caused  arrest  him,  as  one 
that  kept  intelligence  with  England  ;  so  as  he  was  not  per- 
mitted to  come  towards  the  king.  The  first  night  he  was 
kept  in  Halyrudhouse,  and  the  next  morning  sent  prisoner  to 
Blackness,  where  he  was  detained  forty-seven  weeks.  Mr 
James  Lawson  and  Mr  Walter  Balcanquel,  ministers  of  Edin- 
burgh, hearing  that  he  was  committed,  forsook  their  charge, 
and  fled  into  England,  leaving  a  short  writing  behind  them, 
to  show  the  reasons  of  their  departing. 

John  Dury  some  weeks  before  was  removed  and  confined 
in  the  town  of  Montrose,  so  as  Edinburgh  was  left  Avithout 
any  preacher.  Mr  Robert  Pont,  minister  of  St  Cuthbert's, 
and  one  of  the  senators  of  the  college  of  justice,  because  of 
the  misregard  of  the  Church,  as  he  pretended,  in  concluding 
these  acts  (as  the  heralds  were  proclaiming  them  according 
to  the  custom),  took  instruments  in  the  hands  of  a  notary  of 
the  Church's  disassenting,  and  that  they  were  not  obliged  to 
give  their  obedience  thereto  ;  which  done,  he  likewise  fleeing 
was  denounced  rebel,  and  put  from  the  place  in  session. 

Rumours  hereupon  being  dispersed  that  the  king  was  de- 
clined to  popery,  had  made  divers  acts  to  hinder  the  free 
passage  of  the  gospel,  and  abolish  all  order  and  policy  in  the 
Church,  command  was  given  to  form  a  brief  declaration  of 
his  majesty's  intention  in  those  acts  that  concerned  the 
Church,  and  to  publish  the  same  for  detecting  the  falsehood 
of  those  rumours.  In  this  declaration  the  occasions  that 
enforced  the  king  to  the  making  of  these  statutes  were  par- 
ticularly set  down,  and  the  equity  thereof  maintained  by 
divers  reasons.  Amongst  the  occasions  were  reckoned  the 
allowance  of  the  fact  of  Ruthven  by  the  Assembly  of  the 


316  THE  HISTORY  OF  THE         [a.  D.  1584. 

Church;  Mr  Andrew  Melvill  his  declining  of  the  king  and 
council ;  the  fast  kept  at  the  feasting  of  the  French  ambassa- 
dors ;  general  fasts  indicted  through  the  realm  without  the 
king  his  knowledge;  the  usurping  of  the  ecclesiastical  juris- 
diction by  a  number  of  ministers  and  gentlemen  ;  the  altera- 
tion of  the  laws  at  their  pleasure,  and  a  number  of  like  abuses. 
And  for  satisfying  good  people,  strangers  as  well  as  subjects, 
touching  his  majesty's  good  aitection  towards  the  maintenance 
of  religion,  certain  articles  were  drawn  up  and  subjoined  to 
the  said  declaration,  to  make  it  appear  that  his  majesty  had 
intended  nothing  but  to  have  a  settled  form  of  pohcy  estab- 
lished in  the  Church. 

But  these  things  gave  not  much  satisfaction  (so  great  was 
the  discontent),  and  were  replied  unto  in  pamphlets,  defama- 
tory libels,  and  scurrile  poems,  which  daily  came  forth  against 
the  court,  and  the  rulers  of  it.  To  furnish  the  vacant 
places  of  Edinburgh,  till  some  were  moved  to  undertake  the 
charge,  the  king  did  appoint  his  own  ministers,  Mr  John 
Craig  and  Mr  John  Duncanson ;  the  archbishop  of  St 
Andrews  supplying  the  ordinary  preaching  at  court.  Soon 
after  there  came  a  letter  from  the  ministei-s,  directed  to  the 
session  of  the  Church  at  Edinbur